Where the Virginia Department of Corrections discharged appellee corrections officer after determining she fraternized with a former prisoner, the circuit court incorrectly reversed the VDOC and awarded her $17,000 in attorney fees. Background Montgomery, the appellee, had worked as a ...

Tagged with: Employment Judge Robert J. Humphreys Virginia Court of Appeals

Where the evidence shows that it was appellant’s idea to become a confidential informant and participate in a controlled drug buy with a high-level distributor, the trial court correctly refused to instruct the jury on entrapment at appellant’s trial for ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

In a fight among three brothers, in which two were stabbed and appellant was the only one armed with a knife, the trial court’s conviction of two counts of unlawful wounding is affirmed. Further, the trial court correctly rejected appellant’s ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

The trial court erred by concluding that although the police lawfully acquired appellant’s portable hard drive, known to contain child pornography images, keeping the hard drive became an unreasonable seizure because the police waited more than a month before getting ...

Tagged with: Criminal Judge W. Chapman Goodwin Virginia Court of Appeals

Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, ...

Tagged with: Civil Practice Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant was convicted of attempting to obtain a firearm while subject to a protective order, he had no right to confront and cross-examine the deputy who completed the certificate of service reflecting that appellant was personally served with an ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where each of claimant’s treating physicians concluded that he could return to work, the workers’ compensation commission correctly terminated his open temporary total disability benefits award. Further, the commission correctly determined the employer was not liable for the costs of ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers' Compensation

Drug evidence in a mint container found in the vehicle appellant was driving will be suppressed. The police lacked probable cause to search the container and no exception to the Fourth Amendment’s warrant requirement applied. Overview Hudgens, a police officer, ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Even though the claimant, a city police officer, received notice of a statute that presumes heart disease is an occupational disease suffered in the line of duty, the statute’s two-year limitation in which to file a claim did not begin ...

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

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Randolph A. Beales Virginia Court of Appeals