Where the appellant was seen walking back and forth on the theft victim’s porch and the victim came home to an open door, this was sufficient evidence of an actual breaking for purposes of a burglary conviction. Further, there was ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Where the victim reached into appellant’s car, believing appellant was holding her identification, appellant was correctly convicted of unlawful wounding after she dragged the victim 20 feet with her car. Background Appellant Ward drove to Young’s workplace to allow Young ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Sufficient evidence supports appellant’s convictions for three felony drug possession charges and a misdemeanor charge of contributing to the delinquency of a child. Further, any error in admitting evidence that appellant was a sex offender was harmless. Constructive possession “To ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

There was sufficient evidence to support appellant’s convictions for multiple firearm offenses. Introduction “Turner appeals five criminal convictions: felony possession of a firearm after conviction of a non-violent felony, … misdemeanor reckless handling of a firearm, … misdemeanor discharging a ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Appellant’s conviction of misdemeanor DWI after a bench trial is affirmed because there was sufficient evidence to sustain the conviction. Court’s findings “The trial court made the following findings on the record: “1. When the police first encountered Nunez, the ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

The jury could reasonably adopt the opinions of the commonwealth’s experts to conclude that abuse caused the death of appellant’s child rather than chronic fluid on the brain, as suggested by appellant’s expert. Background Appellant Berry was charged with felony ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

The Virginia Workers’ Compensation Commission correctly denied an injured employee’s request to exclude non-compensable damages from the amount of a third-party recovery subject to the employer’s right of subrogation. Statement of the case “Corey Stowers (‘Stowers’) appeals the decision of ...

Tagged with: Judge Vernida R. Chaney Virginia Court of Appeals Workers’ Comp