Where appellant was convicted of a misdemeanor in the general district court, appealed, and was convicted after a de novo trial in the circuit court, he cannot challenge the circuit court’s jurisdiction on the basis that his notice of appeal ...

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

The Virginia Workers’ Compensation Commission correctly denied claimant benefits because none of claimant’s alleged employers were liable under the Workers’ Compensation Act. Overview Divino, the claimant, was injured while installing laminate flooring in a building, the Time Building, owned by ...

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

Where an apartment was searched after the sole renter consented, a police officer could reasonably have believed that the consent extended to a suitcase found next to appellant’s safe in a bathroom. Evidence found in the suitcase was properly used ...

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

Appellant’s accounting business, which he started shortly after the parties were married, was correctly included in the marital estate. Further, the court correctly applied a statutory presumption that the valuation should be made based on the hearing date, rather than ...

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

Even though plaintiff slipped and fell on ice, suffered a compensable back injury and received 500 weeks of temporary total disability benefits, she is not entitled to a total and permanent award. Plaintiff suffers from a combination of other conditions ...

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

Where the parties’ property settlement agreement provided that husband’s support payments to wife would end if she remarried, she must reimburse husband for support payments he made after she remarried, up until the time she attempted to notify him by ...

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

Where the parties’ divorce settlement provided that wife was entitled to a fractional share of husband’s 10-year retirement plan, the fractional share applies to additional amounts husband accrued when he worked three years past the retirement date contemplated in the ...

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

Where the circuit court ordered that appellant be removed from the Department of Juvenile Justice and placed in the Department of Corrections Youthful Offender Program, this did not violate the terms of appellant’s plea agreement. Plea agreement “The question before ...

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

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Randolph A. Beales Virginia Court of Appeals

There was sufficient evidence to support appellant’s convictions of being a felon in possession of a firearm and ammunition. However, his double jeopardy protections were violated because both convictions arose from the same incident. On remand, the trial court must ...

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