Where appellant, in his first appeal, unsuccessfully challenged the court’s sentence after being convicted of fraud and a financial crime, he has waived consideration of issues raised in his second appeal petition from the same convictions, which was filed the ...

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

Although appellant’s 911 call “was certainly inappropriate,” and was an “improper use” of the emergency service, the prosecution did not prove that when the call was placed, appellant had the intent to harass the 911 operator. As a result, appellant’s ...

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

An employer may raise a statute of limitations defense to a medical provider’s unpaid bill even if the employer did not follow the statutory requirements for disputing the bill. The medical provider must submit a timely bill to make the ...

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

Where appellant assaulted a deputy sheriff as he attempted to handcuff her, her defense that she was resisting an unlawful arrest is not well-taken. There was probable cause to arrest her for obstruction of justice when she disobeyed the deputy’s ...

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

Under the workers’ compensation act, appellant pharmacy is a health care provider and is bound by a one-year limitations period in which to seek reimbursement for prescriptions dispensed to a workers’ compensation claimant. Overview Dove injured her shoulder in a ...

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

Where appellant accepted a deferred disposition agreement, under which he would be convicted of a misdemeanor instead of a felony if he abided by certain conditions for a year, he cannot challenge the agreement’s legality on appeal after he violated ...

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

Where the trial court denied husband’s motion to allow late responsive pleadings to wife’s divorce complaint, the issue cannot be reviewed because husband did not provide a complete record for his appeal. Further, the trial court correctly awarded husband a ...

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

Where appellant was convicted of robbing two convenience stores several hours apart, the trial court correctly rejected his defense that appellant was merely just present at the scene of each robbery. Overview Appellant Winfield drove Bailey to two different convenience ...

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

The parties’ postnuptial agreement was not abrogated by their separations and reconciliations. The circuit court erred by relying on Code § 20-155 to conclude otherwise because the postnuptial agreement was neither a separation agreement nor a property settlement agreement. Overview ...

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

A police investigator was correctly allowed to provide hearsay testimony at a suppression hearing about information obtained from a confidential informant. The information was reliable. Further, any issue of reliability would go to the weight, rather than the admissibility, of ...

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