Monday leads in bar nods for appeals court
Roanoke attorney Monica Taylor Monday is the leader in support from Virginia’s statewide bar groups for a seat on the Virginia Court of Appeals. Judge James J. Haley Jr. is retiring in March; leaders...
View ArticleChafin elected to Court of Appeals
Tazewell County Circuit Judge Teresa M. Chafin was elected to the Court of Appeals of Virginia on May 15. Her election was the highest-level seat to be decided in a post-midnight General Assembly...
View ArticleFocus turns now to unfilled judgeships
As the dust settled from the 2012 General Assembly, the empty seat on Richmond’s general district bench was not the only funded judgeship left unfilled. While the House of Delegates’ vote to block the...
View ArticleInmate Razor Blade Claim Not Credible
Although defendant prison inmate says the evidence did not show that he knowingly possessed a razor blade found beneath a sticker on his drinking cup, the Court of Appeals affirms his conviction under...
View ArticleJuvenile’s Arguments Procedurally Defaulted
The Court of Appeals affirms the trial court terminating juvenile’s commitment to the Department of Juvenile Justice (DJJ), revoking nine years of his suspended adult sentence, and imposing one year of...
View ArticlePlain Smell and Altered Speech
Defendant is not entitled to suppress phencyclidine (PCP) discovered in arresting him for possession and public intoxication, the Court of Appeals says; the arresting officer had probable cause not...
View ArticleAttempted Flight Negates Seizure
Defendant is not entitled to suppress cocaine found as he was struggling with a police officer after fleeing, the Court of Appeals says; the totality of circumstances gave the officer reasonable...
View ArticleRestaurant Smoking Ban Applies to Hookah Lounge
A hookah lounge that features onsite smoking of flavored tobacco through a hookah, but also sells food and beverages, is subject to state regulation under the Virginia Indoor Clean Air Act, the Court...
View ArticleFather’s Arguments Procedurally Defaulted
The Court of Appeals affirms the trial court awarding primary physical custody of the parties’ two daughters to mother who lives in New York; father’s arguments about lack of a material change in...
View ArticleRehearing petition may work, high court says and shows
ABINGDON – If the Supreme Court of Virginia denies your client’s petition for appeal, take a serious look at a second try, members of the high court said at an April 26 “town hall meeting” on appellate...
View ArticleOverwhelming Evidence Supports Revoking Parole
The Court of Appeals affirms the trial court order revoking suspension of defendant’s sentences for grand larceny and burglary: overwhelming evidence shows a continuing pattern of criminal activity...
View ArticleAppeal Defaulted on Intent to Distribute
The Court of Appeals affirms defendant’s conviction for possessing cocaine with intent to distribute but reverses and remands his five-year suspended sentence for possessing marijuana as excessive;...
View ArticleAt-Will Searches OK as Probation Condition
A circuit court can impose at-will searches as a probation condition for a man convicted of the aggravated sexual battery and rape of his stepdaughter between the ages of five and 13; the Court of...
View ArticleAt-Will Searches OK as Probation Condition
A circuit court can impose at-will searches as a probation condition for a man convicted of the aggravated sexual battery and rape of his stepdaughter between the ages of five and 13; the Court of...
View ArticleTire Builder Loses Overtime Claim
The Court of Appeals affirms denial of temporary partial disability to a 60-year old tire worker for loss of overtime tire work: employee failed to market his residual earning capacity to perform...
View ArticleScope-of-Conduct Objection Waived
Defendant cannot avoid his bench trial convictions on felony theft charges based on consideration of his supervised probation violations, the Court of Appeals says; defendant failed to object to the...
View ArticleBus Driver Knew He Was Impaired
A commercial bus driver who was driving erratically, consuming coffee and energy drinks, and complaining about his lack of sleep and rest between driving assignments, was well aware of his impaired...
View ArticleConviction Upheld for Soliciting Sex Act
A defendant’s conviction of solicitation of a prostitute in violation of Va. Code § 18.2-346 is affirmed by the Court of Appeals based on evidence that he offered an undercover detective posing as a...
View ArticleFear of Firing Not ‘Good Cause’ to Quit
An employee who had been subjected to multiple performance improvement plans and who ultimately asked her employer to accelerate her latest PIP and terminate her voluntarily left her employment without...
View ArticleStore’s Step Stool Caused Clerk’s Fall
A convenience store clerk who used a company-provided step stool to stock higher shelves in the store cooler wins workers’ comp benefits for the “Jones fracture” to his foot that occurred when he...
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