Where some of the claimant’s injuries were compensated under a voluntary settlement agreement, res judicata does not bar additional claims brought after the parties entered into the agreement. Overview O’Neil, a sheriff’s deputy in Henrico County, was injured during a ...

Tagged with: Judge Dominique A. Callins Virginia Court of Appeals Workers’ Comp

Virginia’s medical-amnesty statute, which shields persons from arrest or prosecution when they seek emergency medical assistance for a drug overdose, applies to persons who have a subjective belief that they have overdosed. Statement of the case “This case presents two ...

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

A 2021 statute that precludes vehicle searches based solely on the odor of marijuana and requires suppression of evidence found during such searches cannot be applied retroactively to exclude a weapon found during a 2019 search of appellant’s vehicle. Introduction ...

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

The trial court properly convicted appellant of driving while intoxicated even though there was no blood alcohol level evidence. “Without such forensic testing, intoxication ‘is established when any person has consumed enough alcoholic beverages [or drugs] to so affect his ...

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

Where appellant was convicted of malicious wounding and burglary, the victim provided credible testimony about the attack. Introduction Appellant Serri, accompanied by Rikki, his girlfriend, went to Hinton’s house. Hinton was familiar with Rikki. On the night of the attack, ...

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

The evidence supports findings that appellant touched his daughter’s “intimate part” and did so with the intent “to sexually molest, arouse, or gratify any person.” Overview “[T]o sustain [appellant] Valentine’s conviction of aggravated sexual battery regarding his contact with T.H. ...

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

Appellant’s convictions for assault and battery on a law enforcement officer, obstruction of justice and driving after forfeiture of license are affirmed. There was no speedy trial violation. Defense counsel’s “agreement … to a trial date outside the speedy trial ...

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

Text messages from appellant’s co-conspirator were properly admitted under a hearsay exception. Further, a challenge to the admission of an expert’s testimony on cell phone movement was properly denied. The argument that the expert’s testimony about the crime’s location was ...

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

Where a police detective stopped appellant for driving with his high beams on and searched his vehicle after smelling marijuana, a law enacted more than a year later that banned searches based solely on smelling marijuana cannot be retroactively applied ...

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

Where a law firm’s bookkeeper embezzled almost $650,000, the circuit court erred by awarding additional restitution beyond the stolen amount because some of the expenses the firm incurred were not directly caused by the embezzlement. Background Tyler pleaded guilty to ...

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