Judge Junius P. Fulton III

May 31, 2023

No modification of custody and visitation

Where the trial court declined to modify its custody and visitation order to give father more time with the parties’ child, there was no error. Best interest “Father argues that the trial court erred by not modifying the custody and visitation order and granting him more time with the [parties’ nine-year-old] child. … “Father asks […]

May 23, 2023

All elements of adverse possession claim established

In this adverse possession case, appellees’ exclusive 15-year  possession of a disputed area was unaffected when they granted appellant, the adjoining landowner, permission to install a drainage pipe in the area. Overview In 1996, Tarek and Kye Abboushi, the appellees in this case, bought property adjacent to land (the Veldhuis property) owned by Joe Carroll. […]

May 11, 2023

Intervention denied in adverse possession case

Where a county sought to claim by adverse possession a 25-foot circle of land containing a Confederate memorial statue, the trial court correctly denied appellee’s motion to intervene in the county’s adverse possession suit. Appellee did not assert any right involved in the county’s suit. Background “By deed of June 19, 1900, the County’s Board […]

May 1, 2023

Claims arising from police shooting dismissed

Where police shot and injured appellants after they left the scene of a traffic stop, the trial court correctly dismissed appellant’s claims of gross negligence, willful, wanton, and reckless negligence, battery, and that a police chief was liable for grossly negligent supervision of the police operation carried out by his officers. Background Best and Lary […]

May 1, 2023

Trial court’s sanction for filing motion upheld

Where appellant disobeyed a court order to stop filing motions because the court lacked jurisdiction to hear them, the court properly sanctioned appellant $100. Many motions The trial court convicted appellant Schaeffer of speeding and imposed a $50 fine and court costs. “Since then, Schaeffer has filed numerous post-trial motions in the trial court. “Even […]

Apr 3, 2023

Contributory negligence was jury issue in accident case

Where an appellant struck the appellee with her car, the trial court correctly ruled that the appellee was not contributorily negligent as a matter of law, and that the issue was a jury question. Collision Spivey struck Thomas with her car while she was in a crosswalk. Each said they did not see the other, […]

Feb 16, 2023

Probable cause to search vehicle after traffic stop

Even though the commonwealth did not include in its notice of appeal a case relating to a methamphetamine charge, it referenced the case in an accompanying certificate. As a result, there is jurisdiction to hear the commonwealth’s appeal. Overview Following a traffic stop that resulted in four charges against the appellee, the trial court dismissed […]

Jan 21, 2023

Appellant knowingly possessed methamphetamine

There is sufficient evidence that appellant knowingly possessed methamphetamine where it was “plainly visible” and appellant was in close proximity. Constructive possession “[I]t is well-established that a defendant’s immediate proximity to contraband that is plainly visible is sufficient to support a finding of constructive possession, even when others are present. … “[T]he evidence, [...]

Divorcing couple at mediation
Jan 9, 2023

Wife gets fees in divorce despite ex’s ‘green-card sham’ claim

The Court of Appeals of Virginia has upheld an award of attorneys’ fees to a woman in her divorce from a husband who delayed settlement and accused her of immigration fraud. The husband said fees shouldn’t be awarded on various policy and procedural grounds, while the wife argued that he waived his right to appeal […]

Jan 5, 2023

Sufficient evidence that officer was assaulted

Where appellant scuffled with the police officer attempting to arrest him for shoplifting, there was sufficient evidence that he intended to strike or harm the police officer. His conviction of assault and battery of a police officer is affirmed. Intent to harm “When Officer Pickeral attempted to arrest Ewell, Ewell ‘became combative’ and ‘tried to […]

Dec 8, 2022

Cemetery traditional access route statute interpreted

A statute prohibiting landowners from blocking access to cemeteries located on their property does not apply to other landowners whose property only has a “traditional access route” to the cemetery. Background A 59-acre parcel of land contains a 47-acre parcel that is the Wintergreen Family Cemetery, which the Harris and Coleman families have used for […]

Dec 5, 2022

Insufficient corroboration of accomplice testimony

Although there was sufficient evidence to convict appellant of racketeering, the court’s failure to give the jury a cautionary instruction regarding corroboration of accomplice testimony requires reversal and remand for a new trial. It was meth Appellant Holmes appeals two racketeering convictions. “Holmes argues the evidence was insufficient to prove … that she committed two […]

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