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Tag Archives: Judge Mary B. Malveaux

CAV: Counsel’s appearance suggests client knew trial date (access required)

Timely notice of the required appearance date is not an element of felony failure-to-appear. In this case, notice could be inferred from the defendant’s presence in court (with counsel) when the continuance date was announced and by his counsel’s appearance ...

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CAV: $1 million Medicaid repayment order upheld (access required)

A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because ...

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CAV: Replacement WCC panel member was proper (access required)

The Workers’ Compensation Commission did not err in finding that the composition of the review panel was proper and that the claimant adequately marketed her residual work capacity. Background Claimant Kathleen Tefft was an assistant freight manager at one of ...

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CAV: Reference to prior robbery didn’t warrant mistrial (access required)

Despite a pretrial order barring testimony regarding the defendants’ prior robberies, a witness’s brief reference to a “previous” robbery did not explicitly link this robbery to either defendant. The trial court did not err in giving a curative instruction rather ...

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CAV: Evidence proved possession of “orphan” computer files (access required)

The Commonwealth’s evidence was sufficient to prove that the defendant “possessed” files containing images of child pornography, even if the images were “orphan” remnants of deletion from the computer’s file directory. Background In 2015, Detective Mark Belew was investigating computer ...

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CAV: Evidence supported meth-manufacture conviction (access required)

The Commonwealth sufficiently established that a defendant aided and abetted her camping companion in manufacturing methamphetamine. Background On October 1, 2015, sheriff’s deputies went to a given address to serve an arrest warrant on Timothy Comer. Comer wasn’t there when ...

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