Although a couple’s premarital agreement covered wife’s home in Virginia and husband’s condo in Florida, which he purchased before the marriage but titled as a joint tenancy with right of survivorship, the divorce court erred in dividing the property under ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Although defendant admitted he owned the gun found in a locked glove box, that he bought it in North Carolina and that he would “take” the gun charge, his conviction under Va. Code § 18.2-308.4(B) is reversed because the weapon ...

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

A defendant who voluntarily went to the police station and answered questions cannot suppress information he volunteered to the police, and the Court of Appeals upholds denial of defendant’s motion to suppress and his conviction of taking indecent liberties with ...

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

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