A man convicted of rape claimed the court erred by allowing a nurse to be a witness at his trial because she lacked certification to be a Sexual Assault Nurse Examiner. But the court found no error as the nurse’s ...

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

Grandparents’ objections to an order terminating a father’s parental rights and an adoption order came too late, and their motion for permission to review the adoption file was properly denied by the court for confidentiality reasons. Background The Middlesex Department ...

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

Although a man yelled at a woman and banged on her car window after he swerved his vehicle into hers, there was sufficient context to conclude he was not providing his name, address, license number and vehicle registration “forthwith” to ...

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

Where the criminal statute did not apply to failure to appear at a revocation proceeding, the court, citing an exception that allows it to “attain the ends of justice,” vacated a woman’s conviction despite the fact she did not raise ...

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

Although the judge entered a general finding that the defendant stole jewelry and silver, the payout by the insurance company was sufficient to support a $58,000 restitution award. Background In December of 2014, the victim hired appellant to help around ...

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

With some arguments barred on appeal, and sufficient evidence in the record to support the reliability of a drug dog, the court affirmed the trial court’s denial of defendant’s motion to suppress cocaine found in his waistband. Background On Sept. ...

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

No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer.  After a second contractor made fixes, there was nothing for the city to inspect and no opportunity ...

Tagged with: Administrative Construction Judge Wesley G. Russell Jr. Municipal Standing Virginia Court of Appeals

In a grand larceny trial relating to stolen jewelry, printouts from LeadsOnline, which stores resellers’ purchase records for cooperation with law enforcement agencies, were admissible under the business-records exception to the hearsay rule. Background Appellant Joseph Melick was convicted in ...

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

A mother’s conviction for felony child neglect was supported by evidence that she was driving with a blood alcohol concentration that was triple the legal limit, with her children in the car. Background On December 25, 2014, Officer A. Lasco ...

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

Evidence didn’t support the circuit court’s ruling that a mother failed to remedy past conditions of child abuse. The record also didn’t support affirmance on the alternate ground of inadequate parenting skills advance by the Department of Social Services. Background ...

Tagged with: Domestic Relations Family Law Judge Wesley G. Russell Jr. Parental Rights Virginia Court of Appeals