A recent decision by the Court of Appeals of Virginia both rebukes a persistent litigator and affirms the power of trial judges to regulate the dress of parties who appear in their courtrooms. A disbarred Virginia lawyer with what the ...

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

Where a woman who failed to appear for three medical evaluations, the commission could terminated her weekly benefits. Background In June 2014, appellant sustained a compensable injury and was awarded $588.21 in weekly benefits. In early February 2016, appellant’s physician ...

Tagged with: Domestic Relations Judge Rossie D. Alston Jr. Virginia Court of Appeals

Despite allegations that a mother was a poor driver and exhibited poor judgment, a father could not demonstrate that their child should be included in a protective order prohibiting contact. Background Father and mother were married on May 16, 2015, ...

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

Where a wife argued she was entitled to support, based on an I-864 support affidavit, the trial court did not err in denying support because the affidavit was not admitted into evidence. Background Husband and wife married on Aug. 15, ...

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

Although a driver prevailed in his traffic-infraction trial based upon a video, that did not collaterally estop his subsequent perjury trial, in which the ultimate issue was false testimony, not the video’s accuracy. Background On the morning of April 13, ...

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

An employer wrongly claimed that a coal miner who suffered loss of lung function needed to prove his disability after medical tests “conducted according to” established standards. Background The claimant suffered loss of lung function due to his exposure to ...

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

Where a judge issued a sequestration order, but did not state that it applied to all witnesses, a discussion between a witness and another woman did not impact the witness’ testimony or prejudice the defendant, and her conviction for submitting ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

An optometrist lost his appeal challenging his conviction for sexual battery after a trial on allegations he inappropriately touched more than one complaining witness. Background Three women testified that appellant, a licensed optometrist, inappropriately touching them during eye exams. Appellant ...

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

Where the commonwealth failed to prove the date of a video purporting to show the defendant at an ABC store and failed to prove that the defendant willfully concealed a bottle with the intent to steal from the store, the ...

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

A defendant granted a habeas review of his life sentences for capital murder and robbery was given a fair hearing and properly sentenced to 99 years in prison. Background In 1999, appellant was convicted, pursuant to a guilty plea, of ...

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