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 Unpublished Opinion Virginia Court of Appeals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

A trial court did not err in convicting the defendant for driving on a suspended license on “a highway of the Commonwealth.” The underlying offense took place on a gravel roadway leading to a national forest campsite. Background Officer Ron ...

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

Virginia Court of Appeals Judge Rossie D. Alston Jr. soon 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 ...

Tagged with: Judge Rossie D. Alston Jr. President Donald Trump U.S. District Court - Eastern District Virginia Court of Appeals

Ample evidence, including refusing officers’ commands and threatening them, supported defendant’s convictions for possession of a weapon by a violent felon and obstruction of justice. Background On August 21, 2016, officers responded to a “person with a weapon” dispatch. When Officer ...

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