Where appellant was placed in a home incarceration program, he was in the custody of  “a court, jail or law enforcement agent,” and was properly charged with, and convicted of, felony escape after he removed his ankle GPS monitor. Curtailed ...

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

Even though husband had technical difficulties joining an online videoconference of his divorce trial – he could observe the proceedings but others could not see or hear him – the trial court properly denied his motion for a continuance. Husband ...

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

The trial court correctly found that husband was not entitled to pay a reduced amount of spousal support. The court’s findings that he was in contempt for failing to pay spousal support and not surrendering certain property to wife are ...

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

Where appellant was charged with the aggravated maliciously wounding of her estranged husband, the evidence does not support her theory that an unknown assailant shot him while she was speaking with him in front of his house. The trial court ...

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

The trial court properly denied a motion to suppress evidence obtained from a warrantless search of appellant’s cell phone. The court correctly determined he abandoned the device at a restaurant. His plea-based convictions of attempted malicious wounding and several firearm ...

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

Where appellant did not timely raise a constitution challenge to the statute under which he was convicted of child cruelty, we will not reach the merits of his claim. Background Robert Mollenhauer, 3-year-old S.M. and Robert’s three other children moved ...

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

There is no jurisdiction to review the circuit court’s failure to find appellee in contempt for allegedly violating a protective order issued during the parties’ divorce proceedings. However, the court erred by ruling that appellant did not timely file new ...

Tagged with: Civil Practice Virginia Court of Appeals

A Virginia State Bar committee has reported recommendations to the General Assembly for 45 candidates for seven vacancies on the Virginia Court of Appeals. The VSB’s Judicial Candidate Evaluation Committee, or JCEC, rated candidates as “qualified” or “highly qualified” for ...

Tagged with: Judges Judicial Candidate Evaluation Committee Lawyers Virginia Court of Appeals Virginia State Bar

There was sufficient evidence to convict appellant of child cruelty. The evidence supports findings that she caused a child to be kept in a cage at night and withheld food from her. Further, appellant did not properly preserve her constitutional ...

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

Where appellant was convicted of a sex crime involving a minor, the trial court was not required to order a psychosexual evaluation before imposing sentence. The trial court properly denied appellant’s emergency motion to vacate his sentence. Discussion Appellant “contends ...

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