Due to evidence demonstrating a woman’s mental incapacity to appreciate the nature and consequences of intercourse, an intimate encounter between her and another patient at a psychiatric facility amounted to attempted rape. Background On March 15, 2015, Appellant James L. ...

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

Appellant John Allen Baugh Jr. was convicted in 2000 of having carnal knowledge of a minor. As a result, he was required to register as a sex offender under Virginia’s Sex Offender and Crimes Against Minors Registry Act (VSOR). In ...

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

A warrantless blood draw taken from a mother while her son was hospitalized was justified by exigent circumstances, the court of appeals held. Appellant Emily Lynn Aponte was driving one afternoon with her 6-year-old son in the back seat when ...

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

Coleman v. Commonwealth (VLW No. 017-7-285, 10 pp.) (Malveaux, J.) Appealed from Hopewell Circuit Court (Balfour, J.) Va. App. Unpub. Holding:  Appellant appeals his conviction for possession of a fireman by a felon and possession of a firearm while in ...

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

In a battle for primary physical custody of their daughter, father contends that the circuit court’s custody determination was inconsistent with the evidence, the court’s own factual findings and the statutory factors.  The Court of Appeals disagreed with father, affirming ...

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

A trial court did not err in terminating mother’s parental rights to her eldest son, who was nine years old, and whom she argued she could care for after she lost her rights to care for his three half-siblings. Mother’s ...

Tagged with: Domestic Relations Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals

Although there were inconsistencies in a young girl’s testimony that the father of a friend molested her when she tried to retrieve the friend’s notebook during a tutoring session with her friend, the girl was unwavering in stating that defendant ...

Tagged with: Criminal Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals

A deputy sheriff who injured his right arm and wrist while making an arrest did not demonstrate a “good reason” to have a surgery performed by a non-treating physician, and the Court of Appeals upholds a commission decision that this ...

Tagged with: Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals Workers' Compensation

A wife’s docketing of two judgment orders entered by a Puerto Rico court in the couple’s divorce, one of which included a stipulation about wife’s eligibility for certain benefits under the Uniformed Services Former Spouses Act, did not confer jurisdiction ...

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

Although a divorce court correctly classified a Michigan home as husband’s separate property, after admitting parol evidence to contradict the deed, and classified a Norfolk home as marital property, the court erred in failing to classify the rest of the ...

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