Tag Archives: Judge Wesley G. Russell Jr.

CAV: Termination of mom’s rights reversed (access required)

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 ...

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CAV: Request to “see” pill bottle included its contents (access required)

When a citizen conversing voluntarily with police gave them the unlabeled pill bottle in his pocket, he consented to inspection of both the outside and inside. The trial court erred in suppressing the contents. Background At around 10:30 p.m. on ...

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Tuition payments deemed waste of marital assets (access required)

Divorce Decree FEA

A divorcing father’s unilateral decision to use a marital investment account to pay for his adult son’s master’s program was properly considered waste of the marital assets, the Court of Appeals of Virginia has ruled. A Fairfax County circuit judge ...

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Va. Court of Appeals: School payments were waste of marital assets (access required)

In a divorce action, the court affirmed an equitable distribution that offset the husband’s share by the amount he independently spent on college tuition for the divorcing couple’s adult son. The husband was unable to overcome the marital presumption attaching ...

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Statutory Construction – Firearms – Felony Predicate (access required)

Cartagena v. Commonwealth (VLW No. 017-7-282, 12 pp.) (Russell, J.) Appealed from Virginia Beach Circuit Court (Padrick, J) Va. App. Pub. Holding:  Defendant was convicted of falsifying a firearm consent form, attempted possession of a firearm by a felon, and ...

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Mother’s conviction in son’s drowning death reversed (access required)


A divided panel of the Court of Ap­peals of Virginia has reversed the felony child neglect conviction of a Pulaski County mother whose 5-year-old son died in a septic tank accident. The 2-1 ruling holds that prosecutors failed to show ...

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Witness Never Identified Defendant (access required)

A three-judge panel of the Court of Appeals, granted a petition for appeal for a defendant charged with robbery, attempted carjacking, and conspiracy to commit carjacking, it found that the trial court erred in denying defendant’s motion to strike all ...

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