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 ...

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

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 ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Judge Wesley G. Russell Jr. Judge William G. Petty Virginia Court of Appeals

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 ...

Tagged with: Criminal Judge Marla Graff Decker Judge Robert J. Humphreys Judge Wesley G. Russell Jr. Virginia Court of Appeals

A mother who left her five-year-old son and four-month-old daughter alone in an unlocked car in a public parking lot for 14 and one-half minutes is not guilty of felony child endangerment; the Court of Appeals reverses her conviction for ...

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

The Court of Appeals terminates a father’s parental rights to his two daughters, who were removed from their home due to a history of substance abuse by both parents, as well as arrests and incarceration. Appellant’s rights were terminated in ...

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 Unpublished Opinion Virginia Court of Appeals

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 Unpublished Opinion Virginia Court of Appeals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