February 25, 2020
Comments Off on Adultery can be used to set support
Even though adultery was not raised by a husband in his initial divorce pleadings, the husband could use allegations of adultery to argue for lower alimony payments, the Court of Appeals of Virginia says. The court’s threejudge panel held it ...
Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals News
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November 19, 2019
Comments Off on Protective order is no bar to joint custody
Even though a father had a protective order in place against the mother, a circuit judge still was within his discretion to order joint legal custody of the divorced couple’s child, the Court of Appeals has ruled in a case ...
Tagged with: Domestic Relations Judge Bruce D. Albertson Judge Mary Grace O'Brien Rockingham County Circuit Court Virginia Court of Appeals News
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July 31, 2019
Comments Off on Lying to officer, without more, not obstruction
Mere lying to a police officer when he is investigating an accident does not constitute obstruction of justice, the Virginia Court of Appeals has ruled. While a man initially may have told investigating officers that his truck was stolen and ...
Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals News
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July 11, 2019
Comments Off on Fees OK for legal aid clients
Virginia judges have the authority under a fee-shifting statute to award attorneys’ fees even in cases where the prevailing party is represented by a legal aid lawyer, the Court of Appeals of Virginia has ruled. “It’s a very big case ...
Tagged with: Attorneys Fees Judge Glen A. Huff Judge James W. Haley Jr. Judge Mary Grace O'Brien Virginia Court of Appeals News
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May 29, 2019
Comments Off on Wife, whose breach of PSA was contempt, must pay fees
A wife who breached two sections of the couple’s property settlement agreement was properly held in civil contempt, the Virginia Court of Appeals has held. And under the PSA, she must pay her ex-husband’s attorneys’ fees for enforcing the agreement. ...
Tagged with: Contempt Judge Wesley G. Russell Jr. Real Estate Virginia Court of Appeals News
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April 5, 2019
Comments Off on Felony conviction nixed in threats to prosecutor
An immigrant facing possible deportation caught a break March 12 when the Court of Appeals of Virginia reversed his two felony convictions for obstruction of justice based on threats to both a prosecutor and a police officer. While condemning threats ...
Tagged with: Immigration Virginia Court of Appeals News
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February 18, 2019
Comments Off on Without motive, random attack may be compensable
The case of a man who was blinded in a seemingly random attack by a former co-worker has been sent back by the Virginia Court of Appeals to the Workers’ Compensation Commission to determine if the man’s job put him ...
Tagged with: Judge Glen A. Huff Virginia Court of Appeals News Virginia Workers' Compensation Commission Workers' Compensation
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December 10, 2018
Comments Off on Decker to lead appeals court, four in line for judgeships
The 11 judges of the Court of Appeals of Virginia have decided on a change in leadership. The court on Nov. 27 elected Judge Marla Graff Decker as chief judge-elect. On Jan. 1, she will succeed Chief Judge Glen A. ...
Tagged with: Judge Glen A. Huff Judge Marla Graff Decker Virginia Court of Appeals News
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December 10, 2018
Comments Off on Facebook drug offer admissible at sentencing
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 Judge William G. Petty Virginia Court of Appeals News
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November 26, 2018
Comments Off on Withholding judgment
The debate continues over Virginia trial judges’ power to delay and dismiss a criminal case when a defendant’s guilt is clear. Virginia Attorney General Mark R. Herring says courts have the inherent power to reduce or dismiss such a charge ...
Tagged with: Attorney General Mark Herring Virginia Court of Appeals News
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