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 ...

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

The trial court correctly determined that appellant was not entitled to a voluntary manslaughter jury instruction at his first-degree murder trial. The instruction was not supported by appellant’s assertions that he did not fire at a vehicle driving away from ...

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

Although the trial court erred by ruling that the minor child’s age, in and of itself, made her incapable of consenting to appellant’s video recording of her while she undressed, the error was harmless because there was ample other evidence ...

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

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 ...

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

Appellant was not prejudiced when a courtroom clerk told the jury they had to sentence defendant in accordance with the judge’s instructions, rather than referring the question to the presiding judge. The jury sentenced appellant to the combined minimums for ...

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

Where a police officer entered appellant’s curtilage around 12:30 a.m. and knocked on a side door to speak with him about his vehicle’s involvement in a traffic accident 15 minutes earlier, the knock and talk was reasonable under the circumstances. ...

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

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. ...

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

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

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

A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Motor vehicles Virginia Court of Appeals

The trial court correctly determined the parties’ incomes for purposes of awarding child and spousal support. Overview The parties married in 1998, had three children and separated in August 2017. Wife entered law school when the parties married but did ...

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