Where a workers’ compensation claimant failed to appeal a determination which didn’t address payments for ongoing treatment of a compensable injury, his claims were barred by res judicata. The Virginia Court of Appeals affirmed a finding of the Workers Compensation ...

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

Where appellant did not show that the commonwealth suppressed  information favorable to his defense that would otherwise have been unavailable, the circuit court correctly denied his motion for a mistrial. Overview Golden, a confidential informant for the police,  made controlled ...

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

Even though claimant’s medical benefits claim included a claim for deep vein thromboses, where the deputy commissioner’s award did not address DVT, and neither party appealed, the award became final and res judicata bars a later claim to pay for ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers’ Comp

Where plaintiff nonsuited her personal injury claim because she named the wrong defendant, her new action, filed outside the statute of limitations, does not relate back to her original complaint. Overview On June 25, 2017, Edwards, the plaintiff, sued for ...

Tagged with: Civil Practice Judge Wesley G. Russell Jr. Supreme Court of Virginia

Where appellant pleaded no contest to charges of reckless driving and failure to appear, he waived “all defenses except those jurisdictional.” Further, the circuit court did not abuse its discretion when sentencing appellant. Background Trooper Forbes clocked appellant Knighton driving ...

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

Where appellant fired shots at a person who was running from him and toward a motel room, his self-defense claim is not well taken. His conviction of maliciously shooting at an occupied building is affirmed. Overview Appellant Meade’ argued with ...

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

Even though some opinions from claimant’s treating physician were “equivocal,” there was sufficient medical evidence that claimant’s knee injury was causally related to a slip-and-fall accident at work. Analysis “‘Causation is usually proven by medical evidence.’ …[I]in cases where medical ...

Tagged with: Judge Wesley G. Russell Jr. Virginia Court of Appeals Workers’ Comp

Appellant’s convictions of first-degree murder, arson of an occupied dwelling, and arson of personal property are affirmed. The police had probable cause to detain appellant. Police and fire marshals legally entered his home without a warrant. A subsequent search warrant ...

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

Even though appellant returned the victim’s property shortly before she was tried for grand larceny, her intent to permanently deprive the victim of his property can be inferred from the facts and circumstances of the case. Appellant’s intent to permanently ...

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

The trial court incorrectly suppressed drug evidence found during a warrantless search of an apartment where there was no evidence that appellant had a reasonable expectation of privacy in the apartment. Search Deputy Cress was investigating a complaint that a ...

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