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Tag Archives: Judge Wesley G. Russell Jr.

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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Mine Worker Wins Lifetime Wage Benefits (access required)

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 ...

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