Although the commission had previously concluded the employee’s right-knee injury was attributable to a compensable injury, the commission could still consider the employee’s pre-existing condition in evaluating the degree of impairment. Background On March 2, 2009, claimant injured her left ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

A husband, who was in the midst of a contentious divorce from his wife, was properly convicted of his wife’s murder where one of his children and two of his friends identified him as the man in security camera video ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

A defendant’s conviction for obtaining funds using false pretenses based on her withdrawal of $110 in cash after she had deposited two checks into her account that were subsequently rejected was upheld because the significant deficiencies in her appellate brief ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

A defendant who hit and kicked his mother and struck her with a hammer before she died argued that the commonwealth failed to prove he injured her in a way that was “permanent and significant.” There is no injury “more ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

Where a defendant’s trial was scheduled to take place more than five months after his preliminary hearing, in violation of Virginia’s speedy trial requirements, the defendant was not entitled to a dismissal of the indictment because he failed to object ...

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

Although the court rejected virtually all of the husband’s issues on appeal, the appeal was not a total loss for the husband because the court held he was not responsible for his wife’s attorney’s fees. The court relied on the ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where a mother made significant progress to maintain her sobriety after her children were placed in foster care, but she held approximately 10 different jobs over a two-year period and was unable to demonstrate her ability to maintain a permanent ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

Where the victim of inappropriate touching by the defendant had allegedly told the defendant that she did not want to say the things people were making her say, the hearsay statement was not admissible under the state-of-mind exception because it ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

An employee was properly denied workers’ compensation benefits where she was unable to demonstrate that her psychological and physical diagnoses were related to the injuries she suffered in a workplace accident, and she failed to sufficiently demonstrate her efforts to ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Where two witnesses allegedly perjured themselves by changing their prior statements and providing favorable testimony to the defendant at his trial, and the defendant had written letters from jail describing his plan to convince two unidentified witnesses to provide favorable ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals