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Tag Archives: Virginia Court of Appeals

Financial Exploitation – Credit Card Fraud – Evidence (access required)

White v. Commonwealth (VLW No. 017-7-288, 11 pp.) (Decker, J.) Appealed from Richmond Circuit Court (Hughes, J.) Va. App. Pub. Holding: Defendant-home care aide appeals convictions for financial exploitation of a mentally incapacitated person and credit card fraud, in violation ...

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Motor Vehicles – Suspension of Driving Privileges – Fisherman Exemption (access required)

Grasty v. Commonwealth (VLW No. 017-7-289, 8 pp.) (Humphreys, J.) Appealed from Newport News Circuit Court (Sugg, J.) Va. App. Pub. Holding:  Appellant driver was convicted of a third or subsequent offense of driving on a suspended or revoked license ...

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Constitutional – Custody and Visitation – Fair Trial (access required)

Higgins v. Pearce (VLW No. 017-7-284, 11 pp.) (Alston, J) Appealed from Henrico County Circuit Court (Harris, J.) Va. App. Unpub. Holding:  Appellant parent challenges the trial court’s award of custody and visitation, contending that the court committed constitutional and ...

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Adoption – Preservation of Issue for Appeal – Petition to Set Aside Adoption (access required)

Castillo v. Bell (VLW No. 017-7-273, 4pp.) Record No. 0859-17-3. (Per Curiam, unpublished) Appealed from the Circuit Court of Rockbridge County (Filson, J.) Holding: Where the appellant-biological mother endorsed a final adoption order as “Seen and objected to” without further ...

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Failure to Appear – Motion in Limine – Willfulness – Insufficient Evidence (access required)

Cosby v. Commonwealth (VLW No. 017-7-277, 13pp.) (Clements, J.) Record No. 1982-16-2. Appealed from the Circuit County of the City of Richmond. (Rupe, J.) Holding: Where the testimony of a detective that he saw the appellant-defendant in the courthouse about ...

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Modification of Spousal Support – Burden of Proof (access required)

Hubbard v. Hubbard (VLW No. 017-7-248, 6 pp.) (Humphreys, J.) Record No. 0197-17-2. Appealed from the Circuit Court of Chesterfield County (Johnson, J.) Holding: Where the circuit court ruled that the appellant-husband failed to produce any direct evidence of his ...

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Admissibility of Evidence – Department of Motor Vehicles Transcript (access required)

Parker v. Commonwealth (VLW No. 017-7-236-UP, 10pp.) (Huff, C.J.) Record No. 0303-16-1. On appeal from the Circuit Court of the City of Chesapeake (Smith, J.) Holding: Where the appellant-defendant’s Department of Motor Vehicles transcript was provided to a trooper, and ...

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Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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Sufficient Evidence – Admissibility of Evidence – Child’s Best Interest (access required)

Gay v. Virginia Beach Dep’t of Human Services (VLW No. 017-7-241-UP, 11pp.) (Huff, C.J.) Record No. 0887-17-31 Appeal from the Circuit Court of the City of Virginia Beach (Shockley, J.) Holding: Where the appellant-mother over three years failed to find ...

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