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Judge Mary Bennett Malveaux

Feb 28, 2022

Separate property ruling was error

Where wife received funds from husband’s family before the parties were married, the trial court erred by crediting those funds to husband as his separate property to determine his share […]

Jan 3, 2022

Appellant did not raise plea issue in circuit court

Where appellant did not challenge his no-contest pleas in the circuit court, his appeal cannot be heard under either the “good cause” or “ends of justice” exceptions in Rule 5A:18. […]

Nov 22, 2021

Appellant knew vape pen contained cocaine

Where appellant was convicted after a bench trial of possessing a controlled substance, there was sufficient evidence that she was aware of the nature and character of the substance in […]

Oct 19, 2021

Treating doctor’s ‘return to work’ opinion rejected

Where claimant’s employer required her to see a treating physician, who declared she was fit for work after suffering an employment-related injury, the Virginia Workers’ Compensation Commission correctly gave greater […]

Oct 19, 2021

Sufficient evidence supports first-degree murder conviction

The commonwealth presented sufficient evidence from which the jury could conclude that appellant shot the victim and did so with premeditation. Appellant’s first-degree murder conviction is affirmed. Overview Timothy Croskey, […]

Oct 14, 2021

Undocumented expenses struck from restitution order

Where appellant was convicted of grand larceny of a motor vehicle, the trial court’s restitution order must be reduced on remand. The car dealership did not itemize some of the […]

Aug 24, 2021

Paraphernalia conviction requires proof of intent

Appellant’s conviction of possessing controlled paraphernalia is reversed. The trial court ruled that appellant’s the mere possession of an unused hypodermic syringe and needle was sufficient to convict Code § […]

Aug 4, 2021

Sex with wife against her will was rape

Appellant was properly convicted of rape after he forced his wife to have sex despite her repeated attempts to push him away and requests to stop. His argument that because […]

Aug 4, 2021

Fall on vinyl covered stairs was not injury by accident

Where claimant slipped and was injured on vinyl-covered stairs at work, the covering was not a “hazard or danger peculiar to the workplace,” and thus claimant did not suffer an […]

Jul 29, 2021

Evidence from cell phone search properly admitted

The trial court properly denied a motion to suppress evidence obtained from a warrantless search of appellant’s cell phone. The court correctly determined he abandoned the device at a restaurant. […]

Jul 29, 2021

Constitutional challenge to statute was untimely

Where appellant did not timely raise a constitution challenge to the statute under which he was convicted of child cruelty, we will not reach the merits of his claim. Background […]

Jun 29, 2021

Parental rights not terminated by curtailed visitation

The circuit court did not “terminate” father’s parental rights when it denied his motion to change custody, imposed conditions father needed to meet before visitation could resume and issued a […]

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