Where an employee was injured when tripped and fell over tree roots while walking to mandatory training program held off-site, and the employer had not provided her instructions regarding what route to take to get to the program, her injuries ...

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

Where an expert testified that febrile seizures did not cause the death of the defendant’s child, and the defendant had the means, motive and opportunity to intentionally cause the child’s death, the defendant was properly convicted of capital murder even ...

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

Circumstantial evidence and reasonable inferences, including the appellant’s shifting explanations and the fact that his driver’s permit, cellphone and the victim’s belongings were found in a stolen car, supported his larceny conviction. Background On April 9, 2016, at about 4:15 ...

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

The court could not determine if the trial court erred in denying appellant’s motion to suppress his statements to police regarding the marijuana found in his backpack and his residence because he failed to include a transcript or an agreed ...

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

A driver who maintained that he believed he only hit a deer, but who actually hit and killed a person, had his conviction of felony hit and run affirmed. Background At 7:00 a.m. on Aug. 4, 2016, Trooper Dustin Eggleston ...

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

The commonwealth charged defendant with falsely making or embossing a fraudulent credit card. At trial, however, it demonstrated only the defendant tried to use a fraudulent card. The conviction was reversed because the commonwealth failed to prove the crime charged ...

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

Although the wife was in an exclusive, continuous, monogamous relationship with another man following her separation from husband, because they maintained separate residences, the trial court did not err by holding that husband failed to prove the threshold “common residence” ...

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

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

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

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

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

An employee who was blinded in an assault by a former coworker while working the overnight shift at a rest area was entitled to workers’ compensation benefits, even though the assailant’s motivation for the attack was unknown, because the employee’s ...

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