A claimant’s testimony that she “twisted her body” and “felt something pull” in her lower back when she was attempting to assist a disabled patient by lifting her from a wheelchair onto the toilet, support claimant’s assertion of an identifiable ...

Tagged with: Judge William G. Petty Virginia Court of Appeals Workers' Compensation

The Court of Appeals cannot review defendant’s claim that a continuance of his trial for robbery and aggravated malicious wounding should have counted toward the speedy trial calculation under Va. Code § 19.2-243 because defendant did not file a transcript ...

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

Although defendant argues he was not tried on a charge of malicious wounding within five months of his preliminary hearing, as required by Va. Code § 19.2-243, the Court of Appeals finds no speedy trial violation because defendant did not ...

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

A defendant who was incarcerated in North Carolina when Chesterfield County issued warrants for his arrest, did not trigger the speedy trial requirement when he wrote to the county prosecutor requesting a speedy trial under the Interstate Agreement on Detainers; ...

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

A defendant who waived his right to be present for sentencing on a firearm conviction by absconding after the trial court instructed the jury on sentencing, cannot challenge the sentence in the Court of Appeals, as the trial court did ...

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

A defendant’s conviction for larceny with intent to sell is affirmed for an incident in which multiple items of health and beauty aids from Walmart were discovered in the trunk of his car under a painter’s tarp, after a companion ...

Tagged with: Criminal Judge Larry G. Elder Virginia Court of Appeals

Although the parties stated in open court that they had resolved personal property issues, husband conceded their discussion did not include his tool collection, which wife said had cost about $80,000 and was now worth $40,000, and the Court of ...

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

In light of the clear and convincing evidence that a mother, without good cause, failed to substantially remedy the conditions – including violence in the home – which led to or required continuantion of the children’s foster care placement within ...

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

The Court of Appeals says a defendant cannot overturn his cocaine conviction with a claim the trial court erred in denying his motion for a continuance and his lawyer’s motion to withdraw after learning the identity of a confidential informant ...

Tagged with: Criminal Virginia Court of Appeals

Evidence that a father physically abused his two children, did not obtain treatment for substance abuse and could not provide a safe or stable home supports the Court of Appeals’ affirmance of termination of the father’s parental rights. The evidence ...

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