Where police arrested appellant for DUI in her driveway after two men followed her and reported her erratic driving to a 911 dispatcher, there was no Fourth Amendment violation. Appellant was correctly convicted of driving under the influence of alcohol. ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

A rest area worker who was stabbed by a former co-worker is not entitled to compensation benefits because his job did not subject him to an increased risk of being assaulted. Facts Claimant worked the overnight shift at an interstate ...

Tagged with: Judge Rosemarie Annunziata Virginia Court of Appeals Workers' Compensation

The circuit court properly  awarded spousal support to wife for an undefined duration circuit after their 10-month marriage ended. Overview The parties married in May 2016 and separated in March 2017, a few days after their son was born. Wife ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where husband received an inheritance and wrote checks to wife, which she deposited into her own account, the inheritance became marital property. Further, handwritten documents husband submitted do not reflect a contractual agreement that husband gave wife money in exchange ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

There was sufficient evidence to show that appellant possessed a firearm in a shoebox the police found in a hotel room closet. As a result, his convictions for possessing a firearm while possessing heroin, and possessing a firearm after he ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

Where a Marine convinced a 16-year-old to send him “sexy” pictures of herself, which resulted in the minor sending two photographs of her breasts and genitalia, his conviction for using a communication device to solicit a minor for the production ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

The court reaffirmed a prior decision holding veterans’ disability benefits are included in calculating child support. A 2017 decision from the United States Supreme Court, the court held, did not affect this holding because that decision did not involve the ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Although the defendant argued he was in custody, so that his statements should have been suppressed, the court held a reasonable person would have believed he was free to leave the police interview. It added that, while the trial court ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

Where a marital separation agreement provided that a defaulting party was responsible for any costs, including but not limited to attorneys’ fees that the prevailing incurred in enforcing the provisions of the agreement, the court did not have discretion to ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

A trial court’s goal of sentencing a defendant for, essentially, time served was thwarted because the sentence exceeded the maximum that could be imposed under the statute. Background Appellant and two other persons assaulted another teenager as he walked to ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals