Where appellant claimed his appointed defense counsel had not prepared him for trial, the trial court correctly treated appellant’s assertion as a motion to withdraw counsel and properly denied the motion after hearing counsel describe her pretrial preparations with appellant. ...

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

Claimant’s award agreement with his employer for work-related injuries did not preserve his claim of a shoulder injury. The Virginia Workers’ Compensation Commission correctly ruled that he failed to reassert the claim within the statute of limitations. Background Lazo, the ...

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

The record supports the trial court’s granting a divorce based on father’s adultery. The court’s custody award and the equitable distribution of marital property are likewise affirmed. However, the court’s awards of spousal support and child support are reversed. The ...

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

In this divorce action, the trial court correctly ruled it could receive counsels’ stipulations as to property value but erred in part regarding determinations that certain real estate was husband’s separate property. The court also erred it classifying husband’s purchase ...

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

Credible evidence supports the workers’ compensation commission’s determination that claimant did not suffer “the permanent loss of use of two body parts,” which is required for an award of permanent total disability benefits. Background Roane worked for the Washington Metropolitan ...

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

There was sufficient evidence for the trial court to convict appellant of attempted robbery, malicious wounding, and use of a firearm in the commission of a felony as a principal in the second degree. Overview O.M. offered to sell her ...

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

Where the trial court entered a judgment of guilt on appellant’s written plea agreement, in which she gave up her right to withdraw her plea, the court properly denied her later request for a deferred disposition and to withdraw her ...

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

Although the trial court erred by convicting appellant of attempting to flee the police because he disobeyed the arresting officer’s order to place his hands behind his back, the record supports affirming the conviction for a different reason – the ...

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

Appellant’s convictions of possessing a firearm after being convicted of a felony and possessing a machine gun for an aggressive purpose are affirmed. There was sufficient evidence he knew the firearm was in the vehicle he occupied. Background A Walmart ...

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

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