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Tagged with: Criminal Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals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Tagged with: Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals Workers' Compensation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Tagged with: Domestic Relations Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals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Tagged with: Domestic Relations Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction of disturbing the peace for threatening the parent of a child involved in a bus stop altercation with his child, in violation of Va. Beach City Code § 23-10, which is not unconstitutionally ...

Tagged with: Criminal Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals

At defendant’s trial for DUI, third or subsequent offense, the trial court erred in admitting into evidence defendant’s two prior California DUI convictions; the commonwealth failed to prove the California DUI statute is substantially similar to Va. Code § 18.2-266, ...

Tagged with: Judge Mary B. Malveaux Traffic Offenses Unpublished Opinion Virginia Court of Appeals

At defendant’s trial for felony homicide for the fatal shooting of his fiancee’s 10-year-old son, the trial court did not err in rejecting defendant’s proffered jury instruction regarding involuntary manslaughter based on defendant’s assertion that he only brandished the firearm ...

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

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