The denial of benefits was upheld for an employee who was injured after he dozed off while driving home from a job site because he could not relate his drowsiness to working conditions and the resulting injury and accident. The ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

A defendant’s challenge to his enhanced sentence based on a prior drug conviction was rejected, as the court found that a plain reading of the law meant that any prior conviction under the statute triggered the enhanced punishment provisions. Background ...

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

Where a husband purchased a home in Washington state with his former high-school girlfriend in March 2016, which was several months before he left the marital residence in July 2016, the circuit court did not abuse its discretion in granting ...

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

In rejecting a woman’s challenge to being found guilty of driving after forfeiture of her license, the court said the evidence showed she had twice been convicted for driving on a revoked license, and had notice of these prior convictions ...

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

Because the defendant’s attorney did not affirmatively object when the trial court imposed on his client a provision of no contact with the victim, the defendant waived this argument for appeal. Background Viewed in the light most favorable to the ...

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

Because the father did not challenge the circuit court’s alternative basis for terminating his parental rights, meaning  those rights would remain terminated even if he prevailed on the issue he was appealing, the appellate court affirmed the lower court’s decision. ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

The father’s failure to comply with the Department of Social Services requirements for counseling and the therapist’s recommendations supported the circuit court’s decision that he was not prepared to care for his child, who suffered from numerous medical conditions. Background ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

After a divorcing couple reached an agreement about division of assets, a dispute arose over distribution of an IRA, refund of escrow fees and attorney’s fees. The court held the parties’ agreement, in which said they had resolved “all issues ...

Tagged with: Domestic Relations Judge Teresa M. Chafin Virginia Court of Appeals

Although the divorce statute allows a court to make an award of spousal support or equitable distribution, the court found there is no authority under statute to make an award of “equitable restitution,” and it vacated the $150,000 “equitable restitution” ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

A temporary injunction to block demolition of an arson-damaged house in a historic district is denied. Although irreparable injury will occur because the structure cannot be replaced if demolished, the risk of public harm caused by the house’s dilapidated condition ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Court of Appeals