Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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

A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Motor vehicles Virginia Court of Appeals

Where appellant objected to the admission of evidence on Fourth Amendment grounds but never obtained a ruling from the trial court, he has not preserved the issue for appeal. Prior procedure As appellant was leaving a friend’s house, two police ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where husband argued that reaching his mandatory retirement age was a changed circumstance that warranted a reduction in wife’s spousal support, the circuit court properly denied the motion. Although his income was reduced, he still had the ability to pay ...

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

Even though appellant objected, unsuccessfully, when one witness testified about appellant’s prior bad acts, his failure to object when a second witness testified about the same prior bad acts waived his ability to raise the issue on appeal. Background Kelly ...

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

There was sufficient evidence to show that appellant possessed methamphetamine with the contemporaneous intent to distribute it. In the trial court Appellant was wanted on an outstanding capias warrant. Deputy Rosemeier saw appellant leave her house and get into her ...

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

Where appellant’s plea agreement allowed law enforcement officers to search him, his residence or vehicles up to six times a year for five years after he was released from incarceration, the trial court properly concluded that the annual limit was ...

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

The Virginia Workers’ Compensation Commission correctly determined on remand that claimant’s injury was related to an identifiable incident. Background Claimant was a police officer for the city of Charlottesville. During a day-long SWAT team training exercise, he played the role ...

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

Where the commonwealth offered video from a home security system and testimony from three police officers who responded to a burglary, there was sufficient evidence to show that appellant was the perpetrator. His convictions of statutory burglary and petit larceny ...

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