An en banc court held that because defendant touched or grabbed the victim’s breasts against her will and twisted as hard as he could for about a minute, a rational factfinder could conclude the “force” requirement was met, thus elevating ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where a severe storm occurred during a police corporal’s outdoor interview with a homicide suspect, and the suspect was never detained or placed under arrest, the injuries sustained by the corporal when she almost fell while attempting to flee the ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers' Compensation

Where the government was required to prove that the defendant had previously been convicted of a violent felony to obtain a conviction and the defendant agreed to stipulate to the same, the government did not need to accept the stipulation ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

A defendant who lied in open court, but maintained the lie should be ignored because it was not “material” to the pending charge, was found guilty of perjury. The lie was “material” because it provided additional support to his defense. ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

The defendant argued that simply being intoxicated at lower blood alcohol concentrations, without more, was insufficient to support the conviction for DUI maiming. The court held, however, that there was a wealth of additional evidence to support the conviction, including ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

The defendant claimed she led a police officer on a high-speed chase because the police lights triggered memories of a childhood assault. She sought to have her therapist testify in support of her defense. The court held that expert testimony ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Because the employer contested payment for a portion of health care services provided to an employee, the provider had one year from the date on which the final medical award to the injured claimant was issued to file its claim. ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers' Compensation

Delegates and senators questioned four prospects for a September vacancy on the Supreme Court of Virginia this month, and other candidates could emerge as the General Assembly session continues. Two of the candidates interviewed Feb. 6 professed to being “strict ...

Tagged with: General Assembly Judge Clifford L. Athey Jr. Judge Randolph A. Beales Judge Teresa M. Chafin Judge Wesley G. Russell Jr. Judicial Interviews Supreme Court of Virginia News

The trial court was not required to “equalize” the distribution of the assets or division of debts between the parties. Background Husband and wife were married on May 29, 1993, and separated on Sept. 1, 2014. On June 8, 2016, ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

A prostitute’s testimony that her pimp drove her to Virginia, sat with her while he wrote an ad for her services and could be found in another room at the Best Western, and corroborating evidence, such as significant cash in ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals