Where the trial court ruled that husband did not disclose his profit-sharing plan to wife, and, that under the parties’ property settlement agreement, wife was entitled to one-half of the plan, there was no error. Further, the court properly ruled ...

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

Where appellant was convicted of four counts of obtaining money by false pretenses, there was sufficient evidence that he knew he was cashing checks from a closed account. Overview Bernie and his wife, Cindi, lived at a house on Augusta ...

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

A 13-month delay between when a capias was issued and when it was executed did not violate appellant’s speedy trial rights because any resulting prejudice was overcome by the facts of this case. Overview A capias for appellant’s arrest was ...

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

Where appellant argued that the Bedford Regional Water Authority should be required to charge a reasonable fee for water and sewer connections, the trial court correctly dismissed the claim for lack of evidence. Overview Chastain built a house in Bedford ...

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

There was sufficient evidence that appellant intentionally and with malice fired shots at a car, which was being driven toward a group of cars waiting at a traffic signal. Two bullets entered a car waiting at the light, showering the ...

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

Where appellant argues that his 15-year active sentence resulted from “(1) improper and prejudicial testimony by the victim’s father and (2) the Commonwealth’s improper closing argument that called for him to be punished for uncharged conduct, he did not preserve ...

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

Where husband did not designate his wife as a survivor beneficiary on his Virginia Retirement System retirement plan despite a court order requiring him to do so, the circuit court incorrectly ordered VRS to pay survivor benefits. Under the relevant ...

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

Appellant has waived his due process challenge to his conviction of driving as a habitual offender because he did not raise the issue in the trial court. Further, the “ends of justice” exception to the waiver rule does not apply ...

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

A four-time probation violator’s four-year active sentence was not an abuse of the trial court’s discretion. Claim not preserved “Opara argues that Code § 19.2-306.1 prohibited the trial court from sentencing him to an active sentence greater than fourteen days ...

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

Where the trial court sentenced appellant to 80 days in jail for failing to report to probation, the court incorrectly interpreted the statute that limits sentences for technical violations, such as failing to report, to 14 days. Technical violation “At ...

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