Although an employer objected that a $25,000 fine was “burdensome, excessive and in violation of public policy,” the record showed the employer failed to maintain required workers’ compensation insurance and the fine was affirmed. Background Employer owns and operates a ...

Tagged with: Virginia Court of Appeals Workers' Compensation

While the circuit court agreed there was an “unreasonable delay” in the mailing of the final order, it did not err in denying a husband’s request to take an untimely appeal in his bid to terminate spousal support because his ...

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

Evidence that showed only possible preparation for a robbery and not that a planned robbery was imminent is insufficient to sustain a conviction for attempted robbery and the related conviction for use of firearm. Background At about 5:45 a.m. on ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

The court found that a man challenging his conviction for possession of a firearm was in constructive possession of a firearm because he was driving a vehicle in which a firearm and ammunition were found. Background On the evening of ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

A man convicted of first-degree murder failed to prove that the testimony of three witnesses was contradictory and did not support the jury’s verdict that he and two others shot the victim. Background On the morning of July 16, 2014, ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where the parties’ agreements did not designate how closing costs from the sale of marital assets should be treated, the court did not err in allocating closing costs. Background Prior to marriage, the parties entered into a premarital agreement. Among ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Because there must be a request for relief pending at the time of the award, the circuit court erred in awarding spousal support to a wife because it granted a motion to strike her request before making the award. Background ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Because there must be a request for relief pending at the time of the award, the circuit court erred in awarding spousal support to a wife because it granted a motion to strike her request before making the award. Background ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Because a prisoner failed to file a timely objection to a continuance and agreed to a new trial date before objection, no speedy trial violation occurred. Background In June 2014, appellant was sentenced to five years in prison, with four ...

Tagged with: Criminal Judge Jean Harrison Clements Virginia Court of Appeals

A Lowe’s employee who failed to produce evidence that the treatment he sought for crying spells was causally related to his work accident has his claim denied. Background Claimant suffered from epilepsy as a child and had a temporal lobectomy ...

Tagged with: Judge Jean Harrison Clements Virginia Court of Appeals Workers' Compensation