Where defense counsel used all five of its preemptory strikes on white jurors and struck one of the jurors because she was not responsive during generic questioning, but never asked that juror any specific questions, the strike was improper in ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

Where an employee suffered a variety of respiratory issues beginning about two weeks after she was exposed to a bat while working in her employer’s warehouse, she was not entitled to workers’ compensation benefits because she did not show a ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

Where a husband failed to establish that there was “gross disparity” in the distribution of marital assets, that his wife exerted oppressive influence over the process, or that the judge acted improperly, the court found the couple’s separation agreement was ...

Tagged with: Domestic Relations Judge Rossie D. Alston Jr. Virginia Court of Appeals

Where a woman who failed to appear for three medical evaluations, the commission could terminated her weekly benefits. Background In June 2014, appellant sustained a compensable injury and was awarded $588.21 in weekly benefits. In early February 2016, appellant’s physician ...

Tagged with: Domestic Relations Judge Rossie D. Alston Jr. Virginia Court of Appeals

Where a Goodwill driver willfully violated his employer’s known safety rules, he is denied workers’ compensation benefits. Background Appellant was employed by Rappahannock Goodwill. On Oct. 10, 2016, appellant sustained injuries while unloading donated goods from a company truck. Appellant ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

Law enforcement officers who witnessed a drug transaction acted in good faith when they sought historical cell phone site location data based on the law at the time, and defendant’s conviction is affirmed. Background After Alexandria police detectives witnessed appellant ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Virginia Court of Appeals

A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Unpublished Opinion Virginia Court of Appeals

Evidence was sufficient to convict the defendant of possession of heroin with intent to distribute when he sped away from police in his car and fled into the woods, where police later found a bag of heroin. The defendant also ...

Tagged with: Criminal Evidence Judge Rossie D. Alston Jr. Virginia Court of Appeals

A special education teacher who ended up in a brief physical altercation with a chronically disrespectful student was acting defensively only, which did not support a finding of child abuse or neglect. Background This case concerns an altercation between Appellee ...

Tagged with: Administrative Education Judge Rossie D. Alston Jr. Virginia Court of Appeals

Virginia Court of Appeals Judge Rossie D. Alston Jr. will be nominated officially by President Trump to succeed U.S. District Judge Gerald Bruce Lee on the Eastern District federal bench. Trump announced June 7 his intent to nominate a group ...

Tagged with: Judge Rossie D. Alston Jr. U.S. District Court - Eastern District