A defendant cannot overturn his conviction of cocaine distribution, third or subsequent offense, by challenging the trial court’s admission of certified pages of a Lynchburg Circuit Court order book to prove his prior convictions, or the trial court’s refusal to ...

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 Unpublished Opinion Virginia Court of Appeals

In this divorce action initiated in 2007, culminating in a final divorce decree entered in 2016, the Court of Appeals dismisses the wife’s appeal because a transcript of a Nov. 19, 2012 hearing was belatedly filed with the clerk of ...

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

The Court of Appeals affirms an award of lifetime wage benefits to a mine worker diagnosed with pneumoconiosis pursuant to Va. Code § 65.2-504(A)(4), rejecting employer’s contention that the claim for benefits was time-barred because of claimant’s 1987 diagnosis.   Regarding ...

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 Unpublished Opinion Virginia Court of Appeals Workers' Compensation

A defendant’s complaints about an affidavit to secure a warrant to search defendant’s residence a few hours after he was identified as a suspect in breaking open a drive-through ATM in order to enter a bank, do not require reversal ...

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

Although the Virginia Board of Medicine erred in saying respondent, a physician board-certified in internal medicine and rheumatology, legally could not testify as an expert in the board’s proceeding against her for her treatment of a particular patient for Lyme ...

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

Although claimant had alcohol in his system from drinking during the evening before he fell off a 10-foot ladder, employer did not prove his blood alcohol content in the range of 0.09 to 0.17 at the time of the accident ...

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

A father failed to show mother’s income had increased since the parties’ 2014 final divorce decree, but his evidence did show an increase in his income from his painting business, and the trial court did not err in finding no ...

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

The Court of Appeals upholds a circuit court decision affirming the State Health Commissioner’s denial of appellant NHC Healthcare/Bristol LLC’s petition seeking good cause standing status under Va. Code § 32.1-102.6(G), in order to participate in proceedings before the commissioner ...

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

An employer’s voluntary payment of medical benefits to plaintiff, a cook and custodian for a community action agency, after she fell at her workplace did not constitute a de facto workers’ comp award, and the Court of Appeals affirms the ...

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

Although the circuit court’s order requires father to pay child support, it failed to include provisions related to health care coverage and unreimbursed medical expenses, as required by Va. Code § 20-60.3, and the Court of Ap­peals reverses the order ...

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