A husband’s claim that the circuit court erred by finding he gifted contested property to his sons was rejected, as the appellate court said the lower court never made that finding but had concluded only that the husband had divested ...

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

Although a state employee had received diagnoses of Ramsay Hunt syndrome and Bell’s palsy, the administrative record supported the Virginia Retirement System’s finding that she was not incapacitated for the further performance of duty. Background In January 2012, Mickey L. ...

Tagged with: Administrative Judge Mary B. Malveaux Virginia Court of Appeals

While the defendant’s requested jury instruction was a correct statement of the law, the court found the instructions that were actually given fully covered the legal principle at issue and properly advised the jury that unexplained possession of stolen property ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The police had probable cause to make an arrest, but because the defendant was  arrested within the curtilage of his home and there were no exigent circumstances, the trial court did not err in finding the circumstances did not support ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Although a driver prevailed in his traffic-infraction trial based upon a video, that did not collaterally estop his subsequent perjury trial, in which the ultimate issue was false testimony, not the video’s accuracy. Background On the morning of April 13, ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The court found that a man challenging his conviction for possession of a firearm was in constructive possession of a firearm because he was driving a vehicle in which a firearm and ammunition were found. Background On the evening of ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

A man convicted of first-degree murder failed to prove that the testimony of three witnesses was contradictory and did not support the jury’s verdict that he and two others shot the victim. Background On the morning of July 16, 2014, ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where credible evidence in the record supported the commission’s conclusion that claimant engaged in repetitive movements, could not recall specifically when his symptoms began, and was unable to identify a particular movement or action that caused the onset of his ...

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

The trial court rejected the defendant’s argument a traffic stop was unlawful, but suppressed certain “allegedly incriminating” statements the defendant made to a magistrate judge because it was unable to determine whether the magistrate was acting only as a judicial ...

Tagged with: Evidence Judge Mary B. Malveaux Virginia Court of Appeals

Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might ...

Tagged with: Family Law Judge Mary B. Malveaux Parental Rights Unpublished Opinion Virginia Court of Appeals