A claimant’s complaint to her supervisor that she continued to suffer worsening pain from her on-the-job injury and the supervisor’s response that he would get in touch about her seeing a doctor, supported her contention that she consulted with employer ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

A 50-year-old stockroom employee who suffered a work-related spinal injury is entitled to temporary total disability benefits, the Court of Appeals says, based on her treating orthopedic surgeon’s opinion that the employee’s continued pain and decreased sensation in her lower ...

Tagged with: Judge Walter S. Felton Jr. Virginia Court of Appeals Workers' Compensation

A trial court did not err in denying defendant’s voluntary statements about guns and drugs to a police officer, as his statements were not the product of police interrogation or its functional equivalent, and the Court of Appeals affirms defendant’s ...

Tagged with: Criminal Virginia Court of Appeals

A trial judge sentencing a defendant on his guilty plea to felony child neglect did not abuse her discretion when she expressed an interest in hearing testimony from a physician on the severity of the child’s injuries and questioned defendant ...

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

Although defendant was not subjected to a blood alcohol test because the three-hour window for such a test expired when the officer could not find an available, certified technician to administer the test, there was ample evidence to convict her ...

Tagged with: Judge D. Arthur Kelsey Traffic Offenses Virginia Court of Appeals

A defendant whose trial already had been continued twice, and who did not subpoena a putative witness who supposedly would have testified that he heard the shooting victim say he was not sure defendant was the person who shot him, ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

A defendant who challenges his arrest on a traffic offense in the City of Roanoke, by a Roanoke County officer who took him before a Roanoke County magistrate, cannot use a motion to suppress as the procedural vehicle to challenge ...

Tagged with: Traffic Offenses Virginia Court of Appeals

A defendant who, over a 24-second period, made four different attempts to withdraw money from an ATM on a forged check he had earlier deposited into an account, was guilty of only a single count of larceny by false pretenses, ...

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

A defendant who received services from the Virginia Department of Rehabilitative Services after he said he was paralyzed from a minor traffic accident, but who was seen as not paralyzed during a routine activity check, is guilty of larceny by ...

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

Although the trial court may have erred in allowing the prosecutor to impeach a witness with an improper question about whether another defense witness would be “mistaken” if he testified earlier that he brought both defendants together to the scene ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals