Where the trial court entered a default judgment and awarded compensatory and punitive damages against appellant as a sanction for not responding to discovery requests, even though the court ordered appellant to do so, there was no abuse of discretion. ...

Tagged with: Civil Practice Judge Stuart A. Raphael Virginia Court of Appeals

Where the parties agreed that appellant could not reduce appellee’s share of his military pension by electing to receive disability pay instead of retired pay, appellant’s later election to receive disability pay and Combat-Related Special Compensation, which reduced appellee’s share, ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where a Court of Appeals panel ruled that a child’s out-of-court statements were admissible, despite the trial court’s ruling that the child was incompetent to testify in a sexual assault case, a petition for rehearing en banc is granted. Petition ...

Tagged with: Criminal Virginia Court of Appeals

Where appellant was convicted of DUI, third conviction in five years, his second conviction can be used as a predicate offense even though the conviction was pending on appeal. A conviction pending on appeal is a final judgment. Further, an ...

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

A probationer’s violation of a condition to remain drug free was a technical violation, for which the trial court was limited to imposing a 14-day sentence. The trial court erred by revoking probation “and re-suspending all but 60 days of ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

Where the parties’ temporary agreement provided wife with lump sum and monthly payments, the trial court correctly refused to order husband to pay arrearages accrued under the agreement because wife waived her right to retroactive support in a consent order. ...

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

Where father’s child support payments were in arrears, he is not entitled to a credit for nonconforming support payments he made while the parties’ child was in his temporary custody. A credit can be awarded when the payor parent obtains ...

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

There is sufficient evidence that appellant knowingly possessed methamphetamine where it was “plainly visible” and appellant was in close proximity. Constructive possession “[I]t is well-established that a defendant’s immediate proximity to contraband that is plainly visible is sufficient to support ...

Tagged with: Criminal Judge Daniel E. Ortiz Judge Junius P. Fulton III Virginia Court of Appeals

The trial court properly considered mitigating factors and appellant’s prior behavior when sentencing him for several drug crimes. Appellant “Travis asserts that the Pittsylvania County Circuit Court … abused its discretion when it sentenced him to eight years’ incarceration on ...

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

Where appellant argued there was no probable cause to issue an arrest warrant charging him with refusing a breath test after he was stopped for driving under the influence, subsequent offense within 10 years, he has waived the argument because ...

Tagged with: Criminal Judge Daniel E. Ortiz Virginia Court of Appeals