Even though there was no video evidence that appellant made an abrupt lane change without signaling, and the police officer who stopped him admitted the stop was “pretextual,” the trial court’s conclusion that the stop was valid and that drugs ...

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

Under the unusual facts of this case, where the trial court made a clear legal error in awarding husband 100 percent of the marital share of wife’s military pension, the rules pertaining to a bill of review provided the court ...

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

Where the circuit court precluded mother from testifying in her case-in-chief at a custody hearing because, in response to father’s interrogatories, she did not identify herself as a potential witness and describe her anticipated testimony, her failure to provide the ...

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

Where the police had a valid warrant to search appellant’s electronic devices for evidence of drug crimes, the trial court incorrectly suppressed evidence of unrelated crimes discovered during the search. The unrelated evidence was admissible under the plain view doctrine. ...

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

Where the court awarded a 50-50 custody period followed by mother having primary physical custody once the child entered first grade, there was no abuse of discretion. A custody decision can be based on future events “so long as the ...

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

Where a truck driver tripped over a mat when departing his employment location but only speculated about what caused him to trip, he did not show that the resulting knee injury resulted from an actual risk of his employment. Background ...

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

Where a convicted sex offender was required to report his social media screennames to authorities, his First Amendment rights were not violated because the reporting requirements advanced a significant government interest and did not restrict his rights of free speech ...

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

Where an employee suffered head injuries in a compensable work accident and was awarded wage benefits for those injuries approximately nine months later, her application for additional benefits stemming from that same injury, filed more than two years after the ...

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

The evidence, which included defendant’s admission that she purchased heroin and that it was found in her car in Franklin County, was sufficient to meet the standard required to establish venue in Franklin County. Background Appellant and her mother, Ms. ...

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

An individual who voluntarily acknowledged the paternity of a child and helped raise the child could not be awarded visitation and joint legal custody based on his status as a parent because subsequent genetic testing revealed that another man was ...

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