Where appellant took some of his murder victims’ possessions, there was sufficient evidence for the trial court to find that appellant had the dual motives of killing and robbing the two victims. His robbery convictions are affirmed, as are his ...

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

Even though an incarcerated mother did not have a guardian ad litem when she consented to have her parents adopt her child, the evidence does not support her argument that she was denied due process. The record shows that she ...

Tagged with: Family Law Judge Mary Bennett Malveaux Virginia Court of Appeals

Where DNA evidence was extracted from items obtained without a warrant from appellant’s trash, the evidence was admissible because he did not have a reasonable expectation of privacy in this abandoned property. Background In 1995, a man wearing a ski ...

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

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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

A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Motor vehicles Virginia Court of Appeals

Where appellant objected to the admission of evidence on Fourth Amendment grounds but never obtained a ruling from the trial court, he has not preserved the issue for appeal. Prior procedure As appellant was leaving a friend’s house, two police ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where husband argued that reaching his mandatory retirement age was a changed circumstance that warranted a reduction in wife’s spousal support, the circuit court properly denied the motion. Although his income was reduced, he still had the ability to pay ...

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

Even though appellant objected, unsuccessfully, when one witness testified about appellant’s prior bad acts, his failure to object when a second witness testified about the same prior bad acts waived his ability to raise the issue on appeal. Background Kelly ...

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

There was sufficient evidence to show that appellant possessed methamphetamine with the contemporaneous intent to distribute it. In the trial court Appellant was wanted on an outstanding capias warrant. Deputy Rosemeier saw appellant leave her house and get into her ...

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