Where a truck driver tripped over a mat when departing his employment location but only speculated about what caused him to trip, he did not show that the resulting knee injury resulted from an actual risk of his employment. Background ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers' Compensation

Where a convicted sex offender was required to report his social media screennames to authorities, his First Amendment rights were not violated because the reporting requirements advanced a significant government interest and did not restrict his rights of free speech ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

Where an employee suffered head injuries in a compensable work accident and was awarded wage benefits for those injuries approximately nine months later, her application for additional benefits stemming from that same injury, filed more than two years after the ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers' Compensation

The evidence, which included defendant’s admission that she purchased heroin and that it was found in her car in Franklin County, was sufficient to meet the standard required to establish venue in Franklin County. Background Appellant and her mother, Ms. ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

An individual who voluntarily acknowledged the paternity of a child and helped raise the child could not be awarded visitation and joint legal custody based on his status as a parent because subsequent genetic testing revealed that another man was ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

A wife who breached two sections of the couple’s property settlement agreement was properly held in civil contempt, the Virginia Court of Appeals has held. And under the PSA, she must pay her ex-husband’s attorneys’ fees for enforcing the agreement. ...

Tagged with: Contempt Judge Wesley G. Russell Jr. Real Estate Virginia Court of Appeals News

A wife who twice violated terms of a property settlement agreement was sanctioned by the court.  A third sanction was vacated, however, because it was a criminal contempt sanction in what the circuit court maintained was a civil contempt proceeding. ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

A crime victim who assisted the commonwealth in the criminal prosecution against his assailant will himself be retried for making threats against the assistant commonwealth’s attorney and a police detective. The question is whether his purpose in making the threat ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

A driver who maintained that he believed he only hit a deer, but who actually hit and killed a person, had his conviction of felony hit and run affirmed. Background At 7:00 a.m. on Aug. 4, 2016, Trooper Dustin Eggleston ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

A defendant who repeatedly clashed with his attorneys was not entitled to a continuance during sentencing in order to allow him to obtain the services of another attorney, which would have been his fifth attorney during the case. Background Trent ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals