The trial court properly denied a motion to suppress evidence obtained from a warrantless search of appellant’s cell phone. The court correctly determined he abandoned the device at a restaurant. His plea-based convictions of attempted malicious wounding and several firearm ...

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

Where appellant did not timely raise a constitution challenge to the statute under which he was convicted of child cruelty, we will not reach the merits of his claim. Background Robert Mollenhauer, 3-year-old S.M. and Robert’s three other children moved ...

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

The circuit court did not “terminate” father’s parental rights when it denied his motion to change custody, imposed conditions father needed to meet before visitation could resume and issued a protective order in favor of mother and the parties’ child. ...

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

The circuit court properly found husband in contempt for failing to pay child support and wife’s work-related child care costs. The parties’ property settlement agreement in the final order of divorce provided that modifications had to be in writing and ...

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

The Virginia Department of Health correctly determined that an assisted living facility’s water system meets the statutory definition of “waterworks,” and as such, the health department can regulate the system. Overview The statutory scheme implementing the federal Safe Water Drinking ...

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

Where a juror’s voir dire responses revealed a favorable bias toward the police, and she stated she was concerned about doing a “disservice” by serving on the jury, the trial court erred by denying appellant’s motion to strike the juror ...

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

Even if the trial court erred by excluding text-message evidence at appellant’s rape trial, any error was harmless given the “overwhelming” evidence corroborating the victim’s testimony that appellant raped her. Background A.D. accused appellant of raping her in a motel ...

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

Appellant’s membership in a neighborhood association that opposed pipeline construction in their neighborhood did not give her standing to appeal the grant of a land use permit that authorized the construction. Background After the Virginia Department of Transportation approved Washington ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals

The Virginia Workers’ Compensation Commission correctly determined that claimant’s complained-of injuries to his left ear, nose, face and neck were not compensable injuries. The commission also properly ruled that his post-accident seizures were unrelated to his workplace accident. Claimant filed ...

Tagged with: Judge Mary Bennett Malveaux Virginia Court of Appeals Workers' Compensation

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals