Quantcast
Home (page 30)

Tag Archives: Virginia Court of Appeals

CAV: Court as factfinder could credit husband’s testimony (access required)

The circuit court’s equitable distribution and support determinations were not in error, and the wife didn’t proffer for the appellate record purported after-acquired evidence of additional property that could have merited reconsideration. Background The parties were married in 1999. Husband ...

Read More »

CAV: Pro athlete’s line-of-duty benefits were like pension (access required)

For equitable distribution purposes, a retired professional athlete’s line-of-duty disability benefits were correctly evaluated similar to pension benefits under Code § 20-107.3(G), rather than personal injury compensation under subsection (H). Background The parties were married in 1999 and had two ...

Read More »

CAV: Prior statement was cumulative, corroborated (access required)

Even if a witness’s prior consistent written statement did not meet the standards for admissibility under the applicable hearsay exception, it didn’t affect the jury verdict because it was corroborated by substantial other testimony. Background Appellant Juan Candelaria and Joseph ...

Read More »

CAV: “Reasonable reliance” defense applied to court order (access required)

A jury should have been allowed to consider whether it was reasonable for the defendant, charged with possessing a firearm while subject to a protective order, to believe that a JDR court had dissolved the order. Background While Appellant Nicholas ...

Read More »

CAV: Husband’s unilateral sale was marital waste (access required)

Despite the divorcing parties’ substantial marital debt, Husband’s decision to sell their assets for less than their value – without obtaining wife’s approval – was contrary to an existing court order and constituted waste of marital assets for equitable distribution ...

Read More »