Even assuming the trial court erred in denying defendant’s motion to suppress a key found in a jacket belonging to defendant, who was employed by a community college to collect money deposited in parking meters, any error was harmless beyond ...

Tagged with: Judge William G. Petty Search & Seizure Virginia Court of Appeals

At defendant’s trial for the capital murder of his estranged wife, the trial court did not err in admitting the wife’s affidavit used to obtain a protective order against defendant; on rehearing en banc, the Court of Appeals says the ...

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

Although a skilled carpenter elected to make his own withholding tax payments, appellant construction company exerted control over claimant carpenter by directing his work on a daily basis, and the Court of Appeals upholds an award of workers’ comp for ...

Tagged with: Judge Larry G. Elder Virginia Court of Appeals Workers' Compensation

The Court of Appeals applies Rule 5A:20 to reject a husband’s appeal of a denial of his motion to terminate or reduce his monthly spousal support payments of $2,400, in light of his alleged reduction in monthly income by $2,469 ...

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

At defendant’s trial for preparing false tax returns, the trial judge did not err in granting a continuance to allow defendant to seek new counsel, as defendant previously had been granted a continuance, the commonwealth had 14 witnesses present on ...

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

A police officer who touched defendant’s arm to arrest him on an outstanding warrant effected an arrest, and as persons under arrest are always in custody, the Court of Appeals affirms defendant’s conviction for escape from custody in violation of ...

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

As defendant failed to object to a commonwealth motion for a continuance, the speedy trial statute was tolled during that continuance, and defendant cannot demonstrate a speedy trial violation under the Virginia statute; the Court of Appeals affirms his convictions ...

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

On rehearing en banc, the Court of Appeals reverses defendant’s conviction for possession of a concealed weapon as a convicted felon, because the scuba knife defendant possessed is neither one of the items enumerated in Va. Code Sec. 18.2-308, nor ...

Tagged with: Criminal Virginia Court of Appeals

An affidavit for a protective order was properly admitted in the trial of a man accused of killing his estranged wife because the statement was not testimonial, the en banc Virginia Court of Appeals ruled last week. Seven of the ...

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

At defendant’s trial on charges arising from a home invasion, the trial court did not err in not allowing defendant to use as impeachment evidence two victims’ identification of persons in “filler” photographs as perpetrators of the invasion, from photo ...

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