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Accomplice’s Plea Supports Conspiracy
The Court of Appeals affirms defendant’s conviction for conspiring with a woman to rob victim of his television set; the woman’s guilty to plea to conspiracy supports finding a conspiracy considering other record evidence of concerted action. While moving, victim was pushing a cart loaded with a television and a box of clothes. Victim passed […]
Single Blow was Malicious Wounding
The Court of Appeals affirms defendant’s conviction for malicious wounding under Johnson v. Commonwealth, 53 Va. App. 79 (2008), that a single blow delivered with sufficient brutality can support conviction for malicious wounding: defendant hit victim with sufficient force to break his nose and orbital bone, requiring ongoing treatment; defendant boasted of his strength, threatened […]
Probable Cause for Seizure of FedEx Package
A detective inspecting packages at a Federal Express facility had probable cause to seize a package defendant said he was picking up for his wife, based on the package coming overnight from California, identifying “FedEx” as the sender, smelling strongly of dryer sheets often used to mask the smell of marijuana and defendant parking far […]
Physician Impairment Ratings Rejected
The Court of Appeals affirms the commission decision denying permanent total disability benefits for her left side: the record evidence supports the commission finding that the 90 percent impairment ratings of two physicians were insufficient. Employee fell while waiting tables in 2000. After being treated by an orthopedic specialist for a broken bone in her […]
State Can Quash Victim Records
On appeal of his conviction and sentence for taking indecent liberties with a minor, the Court of Appeals affirms the trial court order quashing defendant’s subpoena for victim’s mental health records; the commonwealth’s attorney had standing to make the motion and defendant failed to show the records were material to his punishment when no medical […]
Unlicensed Attorney Committed Fraud
The Court of Appeals affirms defendant’s four convictions of obtaining money by false pretenses; defendant falsely represented he was a Virginia licensed attorney to collect higher fees from four families seeking representation in special education matters. Defendant was licensed to practice in the District of Columbia from 1984 to 2005 when his license was suspended […]
Look-Alike Brother’s Conviction Reversed
The Court of Appeals reverses and dismisses the bench trial conviction of one of two brothers tried together for robbery; the trial court erred in concluding defendant should be convicted of robbery based on his greater involvement in an altercation with victim when victim testified the other brother took his cell phone. Defendant and his […]
Burglary Suspect Caught with Tools & Change
The Court of Appeals affirms defendant’s convictions for breaking and entering, felony vandalism, and possession of burglarious tools; the totality of circumstances gave police reasonable cause to stop defendant’s vehicle and defendant has not preserved other issues for appeal. Defendant was a suspect in a series of burglaries in commercial buildings. Henrico police using electronic [&hell[...]
Concession on Intent Defeats Conspiracy
Defendant is entitled to reversal of his convictions for larceny by false pretenses and conspiracy to commit a felony and dismissal of both charges, the Court of Appeals says; the commonwealth’s concession of insufficient evidence to prove intent to defraud at the time property was obtained negates the required intent for larceny by false pretenses […]
Use of Statement Was Harmless Error
Defendant is not entitled to have his bench trial conviction for possessing marijuana and cocaine with intent to distribute reversed based on error in admitting his response to police asking “Do you have any more [drugs] up your ass?”; the Court of Appeals says the evidence of defendant’s guilt is overwhelming making any error in […]
Drug Dog Prompted Seizure
The Court of Appeals affirms defendant’s bench trial conviction, on a conditional guilty plea, to possession of cocaine with intent to distribute; defendant is not entitled to exclude cocaine seized from his underwear after a drug dog alerted on him. A police officer observed defendant standing at the side of a market on a city […]
Shooting was Premeditated Murder
The Court of Appeals affirms defendant’s jury trial conviction for first-degree murder: testimony of two eyewitnesses was sufficient and defendant failed to preserve his argument about the concealed weapons conviction of another alleged shooter. Victim was shot after leaving a nightclub with friends. He had stopped to talk to a group of people and his […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
