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

The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Mary Grace O'Brien Judge Robert P. Frank Virginia Court of Appeals

Where appellant made incriminating statements while being treated at a hospital for a gunshot wound, the statements were admissible because appellant was not in custody at the time. Overview Investigator Giles was investigating a shooting in a restaurant parking lot ...

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

Where a search of appellant’s jail cell revealed his notes, which included threats to a woman he was charged with sexually assaulting and two investigators, this was sufficient evidence to sustain three convictions of obstructing justice. Overview Appellant was arrested ...

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

Where appellant took some of his murder victims’ possessions, there was sufficient evidence for the trial court to find that appellant had the dual motives of killing and robbing the two victims. His robbery convictions are affirmed, as are his ...

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

Even though an incarcerated mother did not have a guardian ad litem when she consented to have her parents adopt her child, the evidence does not support her argument that she was denied due process. The record shows that she ...

Tagged with: Family Law Judge Mary Bennett Malveaux Virginia Court of Appeals

Where DNA evidence was extracted from items obtained without a warrant from appellant’s trash, the evidence was admissible because he did not have a reasonable expectation of privacy in this abandoned property. Background In 1995, a man wearing a ski ...

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