The circuit court erred in finding a husband’s divorce complaint insufficient based on the husband’s apparent acquiescence in the separation. To state a claim for desertion, only the deserting party’s intentions must be adequately pled. Background Husband and Wife were ...

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

A doctor’s conviction for felony child neglect was affirmed based on findings that he left his five-year-old child home alone, knowing that the child had a history of unruly behavior and wandering off when not properly supervised. Background On the ...

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

Despite a lack of direct evidence of criminal activity, a warrant authorizing the search of the defendant’s home was supported by numerous facts which, taken together, created a “fair probability” of the defendant’s illegal drug activity. Background Officer Jon McKay ...

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

The divorcing couple’s property settlement agreement required the parties to split any uncovered medical costs incurred by their children while on their father’s health insurance policy, even if the children were no longer minors. Background Appellant Brian Green and Appellee ...

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

A defendant’s expression of dissatisfaction with a scheduled bench trial was not presented as an independent motion to the trial court, but merely as support for the defendant’s motion for new counsel. Background Appellant Calvin Cardale Townes was to be ...

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

Termination of parental rights was not plainly wrong, despite the mother’s contention that the Department should have further investigated potential placement of her children with extended family members. Background Following an evidentiary hearing, the circuit court terminated the residual parental ...

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

Where an assignment of error was preserved only by a post-trial motion signed by the party – and not his counsel – the motion was a nullity, and the error was not preserved, the court of appeals held. Appellant Daniel ...

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

The court of appeals upheld the conviction of Appellant Laurence Maria Smith for the voluntary manslaughter of her husband. Responding to a 911 call, law enforcement officers arrived at Smith’s home and found her with her hands covered in blood. ...

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

The trial court did not abuse its discretion in denying Appellant-Defendant Miguel Antonio Reyes’ request for a continuance to accommodate a last-minute substitution of counsel, the court of appeals held. Due to Reyes’ indigent status, the trial court appointed Roger ...

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

The court of appeals upheld Appellant Andrew Vojuan Burrous’ conviction of two counts of robbery, one count of attempted robbery, and one count of wearing a mask in public, based in part on Burrous’ identification through DNA evidence. Shortly after ...

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