Although mother claims she had substantially corrected conditions of abuse and neglect that had prompted removal of her child from her home shortly after the child’s birth, the Court of Appeals upholds the decision terminating the mother’s parental rights. On ...

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

Although defendant and his codefendant claimed their gunshot wounds occurred when they were caught in cross-fire at a party in Reidsville, N.C., forensic evidence showed their wounds were consistent with the unusual ammunition used that night by a Pittsylvania County ...

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

Although defendant refused to participate in the colloquy during his arraignment for felony indecent exposure, the court’s conviction orders after a bench trial do not show that defendant expressly and intelligently waived his right to a jury trial, and the ...

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

The Court of Appeals upholds termination of a couple’s parental rights to their 10 children, as the record provides abundant evidence that the children suffered emotional and physical neglect while in the parents’ care, but improved significantly while in foster ...

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

The Court of Appeals upholds defendant’s conviction of driving after being declared an habitual offender, second or subsequent offense, in violation of Va. Code § 46.2-357; because defendant concedes the officer possessed the requisite suspicion for the initial traffic stop ...

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

A defendant failed to proffer at trial the reasons for additional questions he wanted to ask a detective on cross-examination about defendant’s cooperation with police, and the Court of Appeals therefore cannot review his claim that the trial court erred ...

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

A defendant’s conviction of dogfighting is reversed because the prosecutor’s recitation during closing argument of defendant’s prior criminal charges that purportedly went unpunished was so prejudicial it required a mistrial, the Court of Appeals holds. Cross-examination Although the prosecution asked ...

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

Strong circumstantial evidence sup­ported the trial court finding that defen­dant, who fled from a lawful traffic stop as police were bringing a dog to perform a canine sniff, threw a bag with 400 small, glassine packets of heroin from his ...

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

A woman who threatened to kill her estranged husband and drove her car into his legs, and then failed to provide aid to him or information about the acci­dent as required by statute, has her con­victions of felony hit and ...

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

A defendant who grabbed a woman’s arm as she attempted to enter a portable toilet, detained her, pulled out his penis and urinated on her, was properly con­victed of attempted abduction and that conviction is affirmed; however, the Court of ...

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