A jury convicted Thomas Lienau of involuntary manslaughter. The court reversed, holding it was error to not give the jury a self-defense instruction when such an instruction was requested by Lienau and supported by the facts. Background Lienau owned a ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

The trial court correctly held that, absent some reason why its order articulating a fixed pension annuity could not be enforced, it lacked jurisdiction to amend that order – even if the fixed amount therein didn’t match the percentage share ...

Tagged with: Civil Procedure Domestic Relations Family Law Judge William G. Petty Virginia Court of Appeals

The circuit court did not err in terminating the parental rights of a father of six based on his conviction for involuntary manslaughter six years earlier. The offense arose from the death of his infant daughter when he left her ...

Tagged with: Criminal Family Law Judge William G. Petty Parental Rights Virginia Court of Appeals

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge David A. Oblon Judge Henry Coke Morgan Jr. Judge John A. Gibney Jr. Judge Norman K. Moon Judge Robert E. Payne Judge Roger L. Gregory Judge William G. Petty

Despite the defendant’s probation violations, the circuit court lacked jurisdiction to reinstate his previously suspended prison time after the suspendion period had elapsed. Background On December 14, 1993, Green pleaded guilty to one count of felony arson. The trial court ...

Tagged with: Criminal Judge William G. Petty Sentencing Virginia Court of Appeals

A sentencing court properly considered a written statement and testimony by the victim of a defendant who engaged in a multi-year campaign of death threats against the victim and her family members. Her statements regarding the defendant’s prior convictions for ...

Tagged with: Criminal Judge William G. Petty Sentencing Virginia Court of Appeals

There was no error in a defendant’s convictions for burglary and grand larceny, despite his claim that he bought the stolen items. The jury was entitled to disbelieve his story about buying the items from an unknown woman for whom ...

Tagged with: Criminal Evidence Judge William G. Petty Virginia Court of Appeals

A discharged state police officer was not entitled to personal review of his grievance by the Director of Virginia’s Department of Human Resource Management. Such reviews are among many duties the Director may delegate to any Department employee. Background In ...

Tagged with: Administrative Employment Judge William G. Petty Virginia Court of Appeals

The circuit court erred in ordering a defendant to pay the total value of the victim’s stolen items, when a television was the only item found in his possession as the basis for his conviction. Background Leroy Ellis entered an ...

Tagged with: Criminal Judge William G. Petty Sentencing Virginia Court of Appeals

A defendant who, at the request of the Commonwealth, appeared for his trial in jail attire and shackles should have been permitted to ask the jury during voir dire if his attire biased them. Not allowing the question was reversible ...

Tagged with: Constitutional Criminal Judge William G. Petty Jury Virginia Court of Appeals