A wife was not entitled to a share of the increase in the value of her husband’s personal investment accounts and other stock that occurred in the marriage because the increase in value was not so substantial that it could ...

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

Where the original amount of child and spousal support agreed to by the parties and included in the divorce decree exceeded the husband’s current total income, and there was no finding that the husband was voluntarily underemployed, the change in ...

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

The trial court did not err in rejecting the defendant’s speedy trial act and evidentiary challenges to his conviction for sodomy, aggravated sexual battery and indecent liberties with a child. Other challenges were not raised in a timely fashion. Background ...

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

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