On appeal by the guardian ad litem for a mother’s three children, the Court of Appeals upholds the trial court decision that the Department of Social Services had not proven by clear and convincing evidence that the mother’s parental rights ...

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

A defendant waived his challenge to the sufficiency of the evidence to convict him of misdemeanor sexual battery, and the Court of Appeals says there was sufficient evidence to convict defendant of felonious taking indecent liberties with a minor. Defendant ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The Court of Appeals declines to invoke the ends of justice exception to consider whether a search of defendant’s vehicle violated his Fourth Amendment rights, and the court affirms his convictions for possession of cocaine and possession of marijuana with ...

Tagged with: Judge Rossie D. Alston Jr. Search & Seizure Virginia Court of Appeals

Although husband reduced his income by 55 percent when he retired from the railroad at age 60, he nevertheless was able to purchase a house, car and furniture after his retirement and able to meet his expenses, including his spousal ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Cocaine and marijuana seized from defendant who was present at an apartment during execution of a 12-day-old search warrant directed toward a named person and “all persons present” need not be suppressed and the Court of Appeals upholds defendant’s conviction ...

Tagged with: Search & Seizure Virginia Court of Appeals

A defendant who used a Franklin Mint “John Wayne Replica” .45 caliber handgun to demand Oxycontin from a pharmacist can be convicted of use of a firearm in the commission of a felony, the Court of Appeals says on rehearing ...

Tagged with: Criminal Virginia Court of Appeals

An employee’s refusal to sign a broadly worded company policy that would make him liable for “careless and/or negligent acts” while driving company vehicles, even after he offered to drive only his own vehicle, was not misconduct that would bar ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals

The Virginia Court of Appeals removed any doubt today that an object that looks like a firearm and is used to threaten a victim is in fact a firearm, even if the firearm is inoperable. The firearm in this case, ...

Tagged with: Criminal Virginia Court of Appeals

The Court of Appeals upholds a decision sustaining the termination of an employee at Southside Virginia Training Center, based on evidence that the employee had physically abused severely mentally retarded residents, in violation of specific departmental instructions prohibiting such abuse. ...

Tagged with: Administrative Judge James W. Haley Jr. Virginia Court of Appeals

A trial court did not err in denying a DUI defendant’s motion to bifurcate the guilt phase of his trial for DUI, fourth offense in 10 years, into separate determinations of guilt and recidivism, and the Court of Appeals affirms ...

Tagged with: Judge Rossie D. Alston Jr. Traffic Offenses Virginia Court of Appeals