In late April 2014, the claimant was riding on a large construction vehicle on the farm owned by his employer. He was working on a Saturday, which was not his normal workday. He and the employer had been moving a ...

Tagged with: Million-Dollar Settlements Virginia Court of Appeals Workers' Compensation

A trial court’s goal of sentencing a defendant for, essentially, time served was thwarted because the sentence exceeded the maximum that could be imposed under the statute. Background Appellant and two other persons assaulted another teenager as he walked to ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

Where a defendant repeatedly purchased heroin from a single dealer and the dealer was aware of the defendant’s redistribution of the heroin and had an interest in keeping defendant as his customer, the defendant was properly convicted of a conspiracy ...

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

An employee was entitled to workers’ compensation benefits where he suffered a lower back injury during a workplace accident that exacerbated his preexisting back pain because the employee’s actions during the accident did not constitute a willful violation of a ...

Tagged with: Judge Rosemarie Annunziata Virginia Court of Appeals Workers' Compensation

A defendant who admitted he fired multiple gunshots into rooms occupied by two persons was properly convicted of two counts of shooting into an occupied building. Although he argued the shots were part of one continuous act and could not ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

A defendant will face multiple drug-related charges because a lower court erred in failing to apply a good faith exception to the exclusionary rule. The search warrant contained indicia of probable cause, described the items sought, the place to be ...

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

Where an employee suffered a variety of respiratory issues beginning about two weeks after she was exposed to a bat while working in her employer’s warehouse, she was not entitled to workers’ compensation benefits because she did not show a ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

A statutory exemption allowing individuals to possess a firearm with a magazine capacity of more than 20 rounds if it is secured in a personal, private motor vehicle was not available to a defendant who had stored the firearm in ...

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

A bus driver who injured her lower back and hip after falling down the steps of a bus she was cleaning was entitled to workers’ compensation benefits for treatment of those injuries but was not entitled to benefits for neck ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

A DUI conviction stands despite a 2016 U.S. Supreme Court ruling that warrantless blood draws incident to arrest are prohibited. The arrest and blood draw in this case occurred in 2015, when the practice was allowed under Virginia law. Background ...

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