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Judge Randolph A. Beales

Oct 9, 2023

Appellant operated boat in hit and run case

Where appellant was convicted of involuntary manslaughter and felony hit and run, there was sufficient evidence that he operated a boat when it crashed into a bulkhead, resulting in his […]

Oct 3, 2023

Evidence shows child was abused or neglected

The trial court correctly determined that appellant’s child had been abused or neglected. The court properly granted the City of Hampton Department of Social Service’s request to transfer custody of […]

Sep 6, 2023

Testimony of firearms expert properly admitted

The trial court correctly refused to admit testimony from appellant’s firearms expert because the proffered testimony would attack the credibility of the prosecution’s firearms expert. His convictions for first-degree murder […]

Aug 30, 2023

Modification of pre-injury wages denied

Where claimant did not challenge the stated average weekly wage in her award order within 30 days of the Virginia Workers’ Compensation Commission’s decision, the award order can only be […]

Aug 20, 2023

Former officer’s assault and battery conviction upheld

Where appellant, a former police officer, was convicted of assault and battery of a handcuffed man he had taken into emergency custody, there were no constitutional violations during the administrative […]

Aug 20, 2023

Claimant not required to help with job search

The Workers’ Compensation Commission correctly determined that the claimant “was not required to cooperate with vocational rehabilitation services that were inappropriate for a disabled claimant.” The commission properly restored claimant’s […]

Aug 20, 2023

Enough evidence of malice in second-degree murder case

Where appellant shot the victim several times as the victim was walking away from him, this was sufficient evidence of malice to support his second-degree murder conviction. Malice Appellant “Ferdinand […]

Aug 6, 2023

Evidence of flight after murder properly admitted

Where appellant was convicted of first-degree murder after he strangled the victim with a shoelace, evidence that he fled to El Salvador shortly after the murder was properly admitted into […]

Jul 27, 2023

Public highway argument waived in DUI case

Where appellant was tried and convicted for refusing to take a breath test after being arrested for drunk driving, the trial court denied his motion to strike, which was based […]

Jul 3, 2023

Court correctly refused to strike juror for cause

Where appellant was convicted of raping a child, the trial court properly refused to strike for cause a juror who had been sexually assaulted “many years earlier.” Background Appellant Romero […]

Feb 1, 2023

Sufficient evidence to support firearm convictions

There was sufficient evidence to support appellant’s convictions of shooting a firearm at an occupied building and of possession of a firearm by a convicted felon. Possession “In Lambert’s first […]

Jan 21, 2023

Criminal conviction final even if appeal is taken

Where appellant was convicted of DUI, third conviction in five years, his second conviction can be used as a predicate offense even though the conviction was pending on appeal. A […]

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