The trial court properly denied a motion to suppress evidence obtained from a warrantless search of appellant’s cell phone. The court correctly determined he abandoned the device at a restaurant. His plea-based convictions of attempted malicious wounding and several firearm ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where appellant did not timely raise a constitution challenge to the statute under which he was convicted of child cruelty, we will not reach the merits of his claim. Background Robert Mollenhauer, 3-year-old S.M. and Robert’s three other children moved ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

There is no jurisdiction to review the circuit court’s failure to find appellee in contempt for allegedly violating a protective order issued during the parties’ divorce proceedings. However, the court erred by ruling that appellant did not timely file new ...

Tagged with: Civil Practice Virginia Court of Appeals

A Virginia State Bar committee has reported recommendations to the General Assembly for 45 candidates for seven vacancies on the Virginia Court of Appeals. The VSB’s Judicial Candidate Evaluation Committee, or JCEC, rated candidates as “qualified” or “highly qualified” for ...

Tagged with: Judges Judicial Candidate Evaluation Committee Lawyers Virginia Court of Appeals Virginia State Bar

There was sufficient evidence to convict appellant of child cruelty. The evidence supports findings that she caused a child to be kept in a cage at night and withheld food from her. Further, appellant did not properly preserve her constitutional ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where appellant was convicted of a sex crime involving a minor, the trial court was not required to order a psychosexual evaluation before imposing sentence. The trial court properly denied appellant’s emergency motion to vacate his sentence. Discussion Appellant “contends ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

The Workers’ Compensation Appellate Commission correctly interpreted its rules to require reasonable notice when requesting attorney’s fees from a health care provider. Although the relevant statute does not have a time requirement for filing a claim for attorney’s fees, the ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

The trial court correctly determined that testimony from state police special agent concerning blood spatter evidence had a proper foundation. A photograph of a bloodstain on one of appellant’s tennis shoes from which the special agent drew her conclusions was ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

Where the J&DR court reduced husband’s spousal support obligation but did not reference any overages or set a repayment schedule until after a hearing conducted several months later, the circuit court correctly ruled that husband’s motion for overage payments “was ...

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

Where the parties’ agreement regarding the non-modifiable amount and duration of husband’s spousal support payments to wife did not exactly conform with language required by a July 1, 2018, amendment to the applicable statute, a later amendment that permitted more ...

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