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

An employee was entitled to workers’ compensation benefits where he suffered a lower back injury during a workplace accident that exacerbated his preexisting back pain because the employee’s actions during the accident did not constitute a willful violation of a ...

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

Where a judge issued a sequestration order, but did not state that it applied to all witnesses, a discussion between a witness and another woman did not impact the witness’ testimony or prejudice the defendant, and her conviction for submitting ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

Although initial detention and frisk of defendant were reasonable, the police lacked probable cause to remove a glass tube from the defendant’s pocket because it was not immediately apparent that the item was a weapon or contraband. Background At about ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

A Title VII gender discrimination case with a tangled procedural history has led to a request for a judgment against the LeClairRyan law firm for more than $1 million in compensation, fees and costs. A three-member arbitration panel found disparate ...

Tagged with: Judge Robert E. Payne Judge Rosemarie Annunziata Magistrate Judge F. Bradford Stillman

A mother’s opening brief lacked sufficient principles of law and legal authorities to merit review of the circuit court’s order finding a risk of abuse or neglect and approving the goal of adoption for her child. Background Mother and Father, ...

Tagged with: Civil Procedure Family Law Judge Rosemarie Annunziata Parental Rights Virginia Court of Appeals

Based on expert testimony that a father of eight is unable to parent independently, that his rights as to the elder seven have been terminated, and that his youngest is doing well in foster care, the circuit court did not ...

Tagged with: Family Law Judge Rosemarie Annunziata Parental Rights Virginia Court of Appeals

The circuit court did not err in its handling of the parties’ divorce, notwithstanding the husband’s 18 assignments of error on appeal. In particular, evidence supported both the court’s jurisdiction over the parties despite their long trips abroad and the ...

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

A “husband” whose nine-year marriage was negated because the couple’s Washington wedding was at odds with their Virginia paperwork cannot save the union by labeling it a common law marriage under D.C. law. The Court of Appeals of Virginia ruled ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Judge Rosemarie Annunziata Virginia Court of Appeals

A couple who got a license to marry in Virginia but held their ceremony in Washington, D.C. was not legally married, despite living together as husband and wife for nine years. Their one-night hotel stay in D.C. after the ceremony ...

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