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

Where claimant’s employer required her to see a treating physician, who declared she was fit for work after suffering an employment-related injury, the Virginia Workers’ Compensation Commission correctly gave greater weight to a treating physician of her own choosing, who ...

Tagged with: Judge Mary Bennett Malveaux Virginia Court of Appeals Workers’ Comp

The commonwealth presented sufficient evidence from which the jury could conclude that appellant shot the victim and did so with premeditation. Appellant’s first-degree murder conviction is affirmed. Overview Timothy Croskey, the murder victim, lived with his mother, Tracey Croskey. The ...

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

Where appellant was convicted of grand larceny of a motor vehicle, the trial court’s restitution order must be reduced on remand. The car dealership did not itemize some of the claimed expenses to recover the vehicle. Overview On May 25, ...

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