Circumstantial evidence and reasonable inferences, including the appellant’s shifting explanations and the fact that his driver’s permit, cellphone and the victim’s belongings were found in a stolen car, supported his larceny conviction. Background On April 9, 2016, at about 4:15 ...

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

The court lacked jurisdiction to determine if the commission erred in vacating a prior order awarding benefits because the commission’s order was neither a final order nor an appealable interlocutory order. Background Tracy Irby suffered an injury at work on ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

Although the trial court erred in admitting psychological records about the mother’s condition at the time she was committed, the error was harmless because it did not go to the critical issue: the mother’s condition at the time of the ...

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

In a case where a woman robbed two Walgreens and led the clerks to believe she had a gun, the commonwealth was required to prove she possessed either an actual firearm or an object that gave the appearance of one. ...

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

Although the trial court may have erred in admitting the defendant’s Facebook posts during the sentencing phase of his murder trial, the defendant’s failure to present the precise arguments to the court foreclosed his ability to raise the issue on ...

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

Although a jury at sentencing was allowed to hear about a robbery defendant’s Facebook post – allegedly offering stolen pills for sale – the Court of Appeals of Virginia refused to disturb the man’s conviction and 28 year sentence. The ...

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

Because neither parent consented to an adoption, the Juvenile and Domestic Relations court did not have subject matter jurisdiction to address whether the father’s consent was withheld contrary to the best interests of the child. Any adoption must therefore originate ...

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

Once the court bifurcated a couple’s divorce and equitable distribution cases, the husband’s death during the process of dividing marital assets did not deprive the court of jurisdiction or the ability to distribute property fairly and equitably. Background On March ...

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

In denying defendant’s motion to withdraw his guilty plea to distributing heroin, the court noted his claim that the trial judge erred in accepting the plea without determining he was competent was first raised on appeal, he did not object ...

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

Where the commonwealth provided eyewitness testimony and fingerprints as evidence, the defendant’s convictions for burglary, conspiracy and larceny were affirmed. Background Cobb testified that, while she was walking home from school, she saw a man carrying a “box full of ...

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