Where a sentencing statute was amended after proceedings to revoke appellant’s suspended sentences commenced, the circuit court’s ruling that the amended statute does not apply to appellant is affirmed. Taylor v. Commonwealth, 44 Va. App. 179 (2004), provides “that ‘when ...

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

Where two police officers gave credible testimony that the appellant was the person they stopped for moving violations, his convictions for identity theft and forging public documents are affirmed. Traffic stops In August 2019, Officer Dubus stopped a vehicle going ...

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

Where appellant argues, for the first time on appeal, that the trial court erred by accepting his plea, Rule 5A:18 bars his argument. Further, the “good cause” or the “ends of justice” exceptions to the rule do not apply to ...

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

Where the circuit court remanded a corrections worker’s wrongful discharge claim so the hearing officer could develop a record on an issue that was first presented to the circuit court, this was error. The circuit court failed to limit its ...

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

Claimant’s failure to wear a safety harness at a work site did not disqualify her from receiving disability benefits after she fell from an attic while working for employer. Employer argues that claimant willfully violated a workplace safety rule. But ...

Tagged with: Judge Randolph A. Beales Virginia Court of Appeals Workers’ Comp

The circuit court correctly interpreted the parties’ prenuptial agreement regarding the disposition of certain property wife purchased from husband before they were married. However, the court incorrectly determined the amount of debt encumbering the property. Further, where the prenuptial agreement ...

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

Where appellant specifically waived her right to withdraw an Alford guilty plea to the first-degree murder as part of a plea agreement, the trial court properly denied her motion to withdraw the plea. Contractual waiver “[W]e hold that the trial ...

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

The circuit court correctly determined that a job training center incorrectly classified a welding instructor as an independent contractor instead of an employee and thus owed payroll taxes on the amount the center paid the instructor. Overview The Career Development ...

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

Where mother moved to amend custody of the parties’ child, the record supports the circuit court’s finding that there had been no material change in circumstances since the prior custody award. The circuit court properly denied mother’s motion. Ruling “[T]he ...

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

There was sufficient evidence for the trial court to determine the marital share of husband’s Army pension. The trial court must do so on remand and decide whether wife is entitled to any part of it up to 50 percent. ...

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