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Tagged with: Domestic Relations Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals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Tagged with: Criminal Judge Mary B. Malveaux Unpublished Opinion Virginia Court of Appeals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Tagged with: Judge Mary B. Malveaux Traffic Offenses Unpublished Opinion Virginia Court of Appeals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

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