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Tag Archives: Judge Wesley G. Russell Jr.

Absconding defendant was not entitled to continuance (access required)

Where appellant absconded after the trial court denied his requests to continue his 2001 trial, the court properly tried and convicted him in his absence of distributing cocaine. Background In 1996, appellant Gaye was charged with distributing cocaine. His preliminary ...

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Reasonable notice required for attorney’s fee claim (access required)

The Workers’ Compensation Appellate Commission correctly interpreted its rules to require reasonable notice when requesting attorney’s fees from a health care provider. As determined in Marks v. Henrico Doctors’ Hospital/HCA, ___ Va. App. ___ (June 29, 2021), although the relevant ...

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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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