Where appellant was subject to a protective order to stay off certain property, there was sufficient evidence that a driveway where a police officer encountered appellant was part of the property. His conviction for violating the protective order is affirmed. ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant accepted a down payment from a homeowner for renovations, he was properly convicted of construction fraud because he took the money with the intent to defraud her. “The relevant question is whether a builder or contractor obtained an ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant was charged with racketeering, possession with intent to distribute marijuana and a firearm charge related to the marijuana, there was ample support in the record to justify the circuit court’s decision to deny pretrial bail. No bail “On ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

The record supports the trial court’s decision to deny appellant’s motion for bail because, if released on bail, he would pose a danger to the community. Danger to public “[A] review of the Code § 19.2-120(B) factors demonstrates that the ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Even if the trial court erred by preventing defense counsel from cross-examining a prosecution witness about her immigration status, any error was harmless in light of the overwhelming evidence  of appellant’s guilt of several sex crimes involving his wife’s young ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where mother has argued on appeal that the circuit court incorrectly upheld the JDR court’s orders that increased father’s visitation and denied her motion that father have only supervised vitiation, she waived appeal of the increased visitation order by limiting ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant truck driver drove in high winds and heavy rain, and told police he had been driving at 65 mph, he was correctly convicted of involuntary manslaughter when an officer was killed after appellant rear-ended a fire engine. ‘Unsafe ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where wife received funds from husband’s family before the parties were married, the trial court erred by crediting those funds to husband as his separate property to determine his share of equity in the marital home. Issue and ruling “Code ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant did not challenge his no-contest pleas in the circuit court, his appeal cannot be heard under either the “good cause” or “ends of justice” exceptions in Rule 5A:18. “[A]ppellant argues that his pleas of no contest were not ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant was convicted after a bench trial of possessing a controlled substance, there was sufficient evidence that she was aware of the nature and character of the substance in of her “vape pen.” Overview Police officers Hance and Ernst ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals