No Need for Involuntary Manslaughter Jury Instruction
At defendant’s trial for felony homicide for the fatal shooting of his fiancee’s 10-year-old son, the trial court did not err in rejecting defendant’s proffered jury instruction regarding involuntary...
View ArticleCal. DUI Convictions Don’t Count
At defendant’s trial for DUI, third or subsequent offense, the trial court erred in admitting into evidence defendant’s two prior California DUI convictions; the commonwealth failed to prove the...
View ArticleCourt Upholds ‘Disturbing the Peace’ Ordinance
The Court of Appeals affirms defendant’s conviction of disturbing the peace for threatening the parent of a child involved in a bus stop altercation with his child, in violation of Va. Beach City Code...
View ArticleCourt Must Re-do Marital Award
Although a divorce court correctly classified a Michigan home as husband’s separate property, after admitting parol evidence to contradict the deed, and classified a Norfolk home as marital property,...
View ArticleNo Military Pay Award in Prior Order
A wife’s docketing of two judgment orders entered by a Puerto Rico court in the couple’s divorce, one of which included a stipulation about wife’s eligibility for certain benefits under the Uniformed...
View ArticleNo Payment for Unauthorized Surgeon
A deputy sheriff who injured his right arm and wrist while making an arrest did not demonstrate a “good reason” to have a surgery performed by a non-treating physician, and the Court of Appeals upholds...
View ArticleAssault Victim’s Testimony Was Inconsistent
Although there were inconsistencies in a young girl’s testimony that the father of a friend molested her when she tried to retrieve the friend’s notebook during a tutoring session with her friend, the...
View ArticleMom Sought Rights to One of Four Children
A trial court did not err in terminating mother’s parental rights to her eldest son, who was nine years old, and whom she argued she could care for after she lost her rights to care for his three...
View ArticleCustody Determination Affirmed
In a battle for primary physical custody of their daughter, father contends that the circuit court’s custody determination was inconsistent with the evidence, the court’s own factual findings and the...
View ArticleNo Need for Involuntary Manslaughter Jury Instruction
At defendant’s trial for felony homicide for the fatal shooting of his fiancee’s 10-year-old son, the trial court did not err in rejecting defendant’s proffered jury instruction regarding involuntary...
View ArticleCal. DUI Convictions Don’t Count
At defendant’s trial for DUI, third or subsequent offense, the trial court erred in admitting into evidence defendant’s two prior California DUI convictions; the commonwealth failed to prove the...
View ArticleCourt Upholds ‘Disturbing the Peace’ Ordinance
The Court of Appeals affirms defendant’s conviction of disturbing the peace for threatening the parent of a child involved in a bus stop altercation with his child, in violation of Va. Beach City Code...
View ArticleCourt Must Re-do Marital Award
Although a divorce court correctly classified a Michigan home as husband’s separate property, after admitting parol evidence to contradict the deed, and classified a Norfolk home as marital property,...
View ArticleNo Military Pay Award in Prior Order
A wife’s docketing of two judgment orders entered by a Puerto Rico court in the couple’s divorce, one of which included a stipulation about wife’s eligibility for certain benefits under the Uniformed...
View ArticleNo Payment for Unauthorized Surgeon
A deputy sheriff who injured his right arm and wrist while making an arrest did not demonstrate a “good reason” to have a surgery performed by a non-treating physician, and the Court of Appeals upholds...
View ArticleAssault Victim’s Testimony Was Inconsistent
Although there were inconsistencies in a young girl’s testimony that the father of a friend molested her when she tried to retrieve the friend’s notebook during a tutoring session with her friend, the...
View ArticleMom Sought Rights to One of Four Children
A trial court did not err in terminating mother’s parental rights to her eldest son, who was nine years old, and whom she argued she could care for after she lost her rights to care for his three...
View ArticleCustody Determination Affirmed
In a battle for primary physical custody of their daughter, father contends that the circuit court’s custody determination was inconsistent with the evidence, the court’s own factual findings and the...
View ArticleEvidence – Constructive Possession
Coleman v. Commonwealth (VLW No. 017-7-285, 10 pp.) (Malveaux, J.) Appealed from Hopewell Circuit Court (Balfour, J.) Va. App. Unpub. Holding: Appellant appeals his conviction for possession of a...
View ArticleExigencies merited warrantless blood draw
A warrantless blood draw taken from a mother while her son was hospitalized was justified by exigent circumstances, the court of appeals held. Appellant Emily Lynn Aponte was driving one afternoon with...
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