Although a trial court referenced appel­lant’s “alleged history of spousal abuse” and said her crime of shooting her hus­band was a “willful, deliberate, premedi­tated killing with malice,” the trial court did not abuse its discretion in sentencing her to 15 ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

A parent’s lack of consent to a child’s eligibility determination did not preclude the child from qualifying as a “child with a disability” within the meaning of the Individuals with Disabilities Act; because we hold the Act does not require ...

Tagged with: Administrative Judge William G. Petty Virginia Court of Appeals

An ABC agent who conducted a site vis­it at a liquor license applicant’s business violated her Fourth Amendment rights when, because the agency suspected the business had multiple owners, the agent went into her business office and searched through her ...

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

A divorce court could incorporate a por­tion of a couple’s property settlement agree­ment into their final divorce decree, and it did not abuse its discretion in not incor­porating the start date of husband’s child support payments in light of his ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The Court of Appeals affirms a circuit court order modifying an Ohio visitation order that awarded visitation with a moth­er’s four minor children to the children’s paternal grandparent; the circuit court did not err when it applied the material change ...

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

An officer’s testimony that defendant stat­ed he did not have a driver’s license when stopped, and a transcript showing his prior license revocations and notice provided to him, as well as his presence at prior trials for driving on a ...

Tagged with: Judge Marla Graff Decker Traffic Offenses Virginia Court of Appeals

A defendant charged with larceny for removing clothing from hangers at a Kohls store and taking it to the return desk for store credit can be convicted of larceny, third offense, under Va. Code §§ 18.2-96 and 18.2-104; the trial ...

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

Although the trial court amended its sen­tencing order to include defendant’s guilty plea and sentence for rape of a child, his stepdaughter, the trial court did not thereby acquire plenary jurisdiction over the matter; it had no jurisdiction to consider ...

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

A mother who tried to cut off her children’s court-ordered visita­tion with their grandparents af­ter moving from Ohio to Virginia has lost her appeal to modify the Ohio order in Virginia courts. The mother argued that the Virginia trial court ...

Tagged with: Domestic Relations Virginia Court of Appeals

A trial judge’s comments about a defendant, who as a 14-year-old had robbed and shot a delivery driver, con­sistently staring in the judge’s eyes as a possible “intimidation tactic,” did not require the judge to recuse herself prior to sentencing ...

Tagged with: Criminal Judge Teresa M. Chafin Virginia Court of Appeals