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Tag Archives: Judge Wesley G. Russell Jr.

Court lacked jurisdiction to deny reconsideration motion (access required)

Where more than 21 days had passed after the circuit court entered a conviction and sentencing order in appellant’s assault and battery case, the court lacked jurisdiction to enter an order denying appellant’s motion for reconsideration. As a result, appellant ...

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Income is proper factor to apportion marital debt (access required)

Where the trial court considered the parties’ incomes when apportioning the marital debt, this was a proper consideration under the “catch all” provision of Code § 20-107.3(E). Further, there was no error in the trial court’s methodology for determining wife’s ...

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Sufficient evidence appellant illegally had controlled drug (access required)

After considering the totality of the evidence, the trial court correctly determined that appellant was aware of the nature and character of the controlled substance he possessed. Overview Officer Land responded to a call about appellant Swinea, who told Land ...

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No appeal of property settlement interpretation (access required)

Where wife challenges post-decree relief granted to husband on the basis that the trial court misinterpreted the parties’ property settlement agreement, her arguments cannot be considered on appeal because she did not timely appeal the final decree. Overview On Sept. ...

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