Although the divorce statute allows a court to make an award of spousal support or equitable distribution, the court found there is no authority under statute to make an award of “equitable restitution,” and it vacated the $150,000 “equitable restitution” ...

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

The evidence showed the appellant intended to defraud the victim and actually did so by taking his $500 as part of a ruse to sell him a car, thus supporting the conviction for obtaining money by false pretense. Background In ...

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

Where a mother failed to substantially comply with goals set out for her in a foster care plan, did not secure independent housing or find employment, the court’s termination of her parental rights was upheld. Background In March 2015, child ...

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

It was in a child’s best interests to terminate the parental rights of the father who did not comply during the child’s 29 months in foster care with conditions of the foster care plan, and who failed to complete substance ...

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

A defendant who succeeded in persuading a trial court to sever her firearm charge from drug possession charges cannot then argue that prosecution for the firearm charge, on which she was convicted, constituted double jeopardy. Background Appellant was indicted for ...

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

Despite allegations that a mother was a poor driver and exhibited poor judgment, a father could not demonstrate that their child should be included in a protective order prohibiting contact. Background Father and mother were married on May 16, 2015, ...

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

Where a wife argued she was entitled to support, based on an I-864 support affidavit, the trial court did not err in denying support because the affidavit was not admitted into evidence. Background Husband and wife married on Aug. 15, ...

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

Where the commonwealth failed to prove the date of a video purporting to show the defendant at an ABC store and failed to prove that the defendant willfully concealed a bottle with the intent to steal from the store, the ...

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

In arguing that the Commonwealth struck black jurors based on their race, defense counsel did not fully put the issue of pretext before the trial court. Where the trial court did have the opportunity to consider pretext, its observation of ...

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

The defendant’s Confrontation Clause challenge to the trial court’s evidentiary exclusions under Virginia’s rape-shield law were not raised in the proceedings below and, in any event, did not rise above the level of harmless error. Background Appellant Michael Maldini and ...

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