A defendant who stole the victim’s purse is guilty of robbery, and not merely larceny, because a rational factfinder could have inferred the victim resisted the defendant’s attempt to take her purse and that he had to use some amount ...

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

A school bus driver who was involved in a motor vehicle accident will not receive any benefits for a claimed “brain injury” because, while she may have exhibited symptoms consistent with such an injury, there was sufficient credible evidence in ...

Tagged with: Judge Teresa M. Chafin Virginia Court of Appeals Workers' Compensation

Although a defendant was not aware that the victim had undergone Eye Movement Desensitization and Reprocessing therapy until after his trial was completed, he was not entitled to a new trial based on after-discovered evidence because the victim had been ...

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

Police officers did not coerce a defendant’s confession when they arrested him immediately upon his discharge from the hospital and began their questioning shortly after he had taken pain medication. Background On Dec. 27, 2015, Andre Marquise Harris was admitted ...

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

An officer had probable cause to conduct a full search of a defendant during a traffic stop where the defendant, and the vehicle he was in, smelled of marijuana, a police alert indicated that the defendant could be armed, and ...

Tagged with: Criminal Judge William G. Petty Virginia Court of Appeals

Although a lower court affirmed the rejection of a lease transfer through oyster-planting ground to the City of Virginia Beach, the city can proceed with a dredging project because municipalities are among the corporate entities eligible to apply for such ...

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

A Dulles airport employee who was injured while servicing an airplane will not recover benefits because he failed to exclude lightning as a possible cause of his injuries, which is an “act of God”, and failed to show he was ...

Tagged with: Judge Marla Graff Decker Virginia Court of Appeals Workers' Compensation

A crime victim who assisted the commonwealth in the criminal prosecution against his assailant will himself be retried for making threats against the assistant commonwealth’s attorney and a police detective. The question is whether his purpose in making the threat ...

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

Where a defendant did not contest the fact that he unlawfully entered the home of another and the homeowner testified that money she left on her dresser was missing after the break-in, the defendant’s conviction was proper because it could ...

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

Where a husband and wife separated for more than a year after the wife discovered photographs of the husband cross-dressing, the wife was entitled to a fault-based divorce on the grounds of constructive desertion. Background Daniel Jason Rakes and Teresa ...

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