Police did not have a reasonable articulable suspicion to detain defendant just because he “took off running” when police entered this high-crime, high-drug area, and the Court of Appeals reverses defendant’s heroin conviction because of the Fourth Amendment violation. The ...

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

The Court of Appeals refuses to overturn defendant’s first-degree murder conviction for shooting his wife with a cross-bow, based on defendant’s claim that he was denied potentially exculpatory evidence from a pre-trial statement and 911 transcript recording of a neighbor ...

Tagged with: Criminal Judge Jere M.H. Willis Jr. Virginia Court of Appeals

Because the evidence clearly indicated that defendant was convicted of petit larceny, third offense, during his probation period, the Court of Appeals upholds a trial court’s revocation of defendant’s suspended sentences on his prior convictions and resuspension of all but ...

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

An officer who asked defendant not to leave on his motorcycle when the officer discovered a baggie of marijuana next to an open beer where the officer had observed defendant with another person, had a reasonable, articulable suspicion to detain ...

Tagged with: Search & Seizure Virginia Court of Appeals

A trial court did not err in approving a foster care plan and denying visitation to a father, a convicted sex offender who last saw his then-six-year-old child in 2001, says the Court of Appeals. The Department of Human Services ...

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

A defendant claims there was only one robbery, not two, when he directed a hotel-clerk-in-training to open the cash drawer; the clerk who was training her and who was in front of the hotel desk also was a victim of ...

Tagged with: Criminal Virginia Court of Appeals

The Court of Appeals has no jurisdiction to review the commission’s decision that claimant reasonably marketed her residual work capacity, an issue that was secondary to the commission’s decision that claimant’s carpal tunnel syndrome was not an occupational disease arising ...

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

Treatment of a professional soccer player’s right shoulder and neck are encompassed within his compensable upper back injury suffered in 2005 during practice, and the Court of Appeals reverses the commission’s denial of medical benefits and holds the claim is ...

Tagged with: Per Curiam Opinion Virginia Court of Appeals Workers' Compensation

A woman who appeared at a hospital emergency room claiming severe pain from bladder cancer without any evidence to verify her condition, who demanded oxycodone and who offered a urine sample that did not match another taken from her in ...

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

Medical evidence that supported an employee’s claim that her carpal tunnel syndrome was a compensable occupational disease can be discounted because the medical providers she cited were not familiar with claimant’s job duties at Goodyear, and the Court of Appeals ...

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