Although the circuit court incorrectly vacated some portions of the parties’ custody settlement agreement, it had the authority to vacate provisions regarding parenting decisions and to “give mother decision-making authority over most issues.” Background The parties, who had two children, ...

Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals

Virginia lawyers and business interests are overwhelmingly in favor of expanding the jurisdiction of the state Court of Appeals to provide an appeal of right in every circuit court case. Criminal lawyers and civil trial lawyers offered caveats and suggested ...

Tagged with: Appeal of right Appeals Virginia Court of Appeals

Appellant’s conviction for assault and battery of a police officer is affirmed. Because she never ordered the officer from her home, she cannot rely on a defense that the officer was a trespasser who could be expelled using reasonable force. ...

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

Even though appellant was serving a mandatory minimum sentence for a drug crime, the trial court had the authority to consider whether appellant’s cooperation in an unrelated murder case warranted a reduced sentence. Background Appellant pleaded guilty to possession with ...

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

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

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

Although the trial court erred by convicting appellant of attempting to flee the police because he disobeyed the arresting officer’s order to place his hands behind his back, the record supports affirming the conviction for a different reason – the ...

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

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

Appellant’s convictions of possessing a firearm after being convicted of a felony and possessing a machine gun for an aggressive purpose are affirmed. There was sufficient evidence he knew the firearm was in the vehicle he occupied. Background A Walmart ...

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

A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Wesley G. Russell Jr. Motor vehicles Virginia Court of Appeals

The trial court correctly determined the parties’ incomes for purposes of awarding child and spousal support. Overview The parties married in 1998, had three children and separated in August 2017. Wife entered law school when the parties married but did ...

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