On rehearing, a Court of Appeals panel vacates its prior decision upholding child support arrearages and attorney’s fees for mother, and agrees with father that the child support provisions of the divorce decree are void ab initio because they provide ...

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

The Court of Appeals reverses revocation of defendant’s suspended sentence for cocaine distribution; the circuit court erred in allowing the commonwealth to present evidence during the revocation hearing regarding allegations for which defendant had not received written notice. A letter ...

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

The Court of Appeals affirms the commission’s factual determinations regarding claimant’s credibility, identification of her specific injuries from a fall and her non-violation of a safety rule regarding use of a 10-foot ladder to clean windows in a courthouse lobby, ...

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

A claimant who had his own plumbing business but could no longer perform that work after a job-related injury to his right shoulder unjustifiably refused to cooperate with vocational rehabilitation efforts when he refused multiple times to interview for a ...

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

A divorce court erred in finding that the parties’ formula for calculating spousal support for wife was ambiguous and in finding the lawyer husband in contempt for his independent application of the formula to reduce his support payments; the Court ...

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

The Court of Appeals dismisses the commonwealth’s appeal of a circuit court order dismissing four indictments against defendant based on the immunity provision in defendant’s prior plea agreement and on double jeopardy grounds; we conclude we lack jurisdiction to review ...

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

Although defendant was not observed behind the wheel of the damaged vehicle that appeared in a private driveway, the evidence of his admission to having “hit something” and having had five glasses of wine that night, and his apparent attempt ...

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

A 26-year veteran of the Virginia State Police Department who spent eight years handling a drug dog qualified as an expert on the smell of marijuana and her observation of that smell from defendant’s car as she patrolled a highway ...

Tagged with: Judge Wesley G. Russell Jr. Search & Seizure Virginia Court of Appeals

Although appellant testified that there was nothing in the driver’s side cup holder but a cigar he had been smoking, an officer testified that he found a plastic baggie with two small pieces of cocaine in cup holder, and the ...

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

Testimony by the driver of a car and his fiancée/passenger that defendant, an acquaintance of the driver, pulled alongside the car, threatened to kill the driver and then shot toward the car, supported defendant’s convictions of use of a firearm; ...

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