Where a chemical company sued a privately operated water company for breach of contract, the tariff under which the parties conducted their business is best understood as a contract, which is reviewable by the circuit court, rather than a decision ...

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

The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution. Further, there was no error when the court awarded ...

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

The evidence supports findings that appellant touched his daughter’s “intimate part” and did so with the intent “to sexually molest, arouse, or gratify any person.” Overview “[T]o sustain [appellant] Valentine’s conviction of aggravated sexual battery regarding his contact with T.H. ...

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

There was sufficient evidence to sustain appellant’s second-degree murder conviction. Further, the trial court correctly refused to strike the testimony of a key trial witness despite appellant’s argument that she was unreliable and not credible. Although the record shows the ...

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

Where an expert testified that appellant’s possession of almost 10 pounds of marijuana was “inconsistent with personal use” because it would take more than three years for a heavy user to smoke all of it, this was sufficient evidence that ...

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

Where the appellant seeks to challenge the circuit court’s ruling that it lacked jurisdiction over a general district court’s order granting the commonwealth’s motion to nolle prosequi charges lodged against appellant, the Court of Appeals lacks jurisdiction to review the ...

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

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