The trial court correctly ruled that a witness’s statements at trial, which appellant challenged as hearsay, were admissible. The statements were not hearsay because they were not “offered for their truth.” Overview Appellant Davis was indicted for murder, conspiracy to ...

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

Where appellant was convicted of grand larceny of a motor vehicle, the trial court’s restitution order must be reduced on remand. The car dealership did not itemize some of the claimed expenses to recover the vehicle. Overview On May 25, ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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

The Virginia Workers’ Compensation Commission correctly weighed competing medical experts’ opinions to conclude that claimant, who worked for a coal company, had pneumoconiosis, which entitled him to permanent disability benefits. Overview Employer challenges the commission’s determination that claimant suffered a ...

Tagged with: Virginia Court of Appeals Workers’ Comp

Where a substitute teacher fell on her shoulder after tripping on uneven pavement at work, credible evidence supports the claimed injury date. The evidence further supports a finding by the Virginia Workers’ Compensation Commission that her subsequent neck problems were ...

Tagged with: Virginia Court of Appeals Workers’ Comp

Where claimant does not challenge the Virginia Workers’ Compensation Commission’s ruling that his allergy symptoms were not causally connected to his workplace accident but instead seeks to have employer and its insurer pay him $2 million and punitive damages, the ...

Tagged with: Virginia Court of Appeals Workers' Compensation

Where claimant injured his hip when he ducked under a closing garage bay door and dragged his foot on an inclined portion of the floor, there was “a causal connection between the conditions under which the work was required to ...

Tagged with: Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers' Compensation

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

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

Where the parties’ separation agreement required husband to remove wife’s name from certain real estate and list the property for sale, the trial court properly found him in contempt when he failed to do so. Overview “Wife alleged that husband ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals