The circuit court properly found husband in contempt for failing to pay child support and wife’s work-related child care costs. The parties’ property settlement agreement in the final order of divorce provided that modifications had to be in writing and ...

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

The Virginia Department of Health correctly determined that an assisted living facility’s water system meets the statutory definition of “waterworks,” and as such, the health department can regulate the system. Overview The statutory scheme implementing the federal Safe Water Drinking ...

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

Where a juror’s voir dire responses revealed a favorable bias toward the police, and she stated she was concerned about doing a “disservice” by serving on the jury, the trial court erred by denying appellant’s motion to strike the juror ...

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

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