Challenge to connection fees properly dismissed
Where appellant argued that the Bedford Regional Water Authority should be required to charge a reasonable fee for water and sewer connections, the trial court correctly dismissed the claim for lack of...
View ArticleSpeedy trial right not violated in perjury case
A 13-month delay between when a capias was issued and when it was executed did not violate appellant’s speedy trial rights because any resulting prejudice was overcome by the facts of this case....
View ArticleSufficient evidence of intent for false pretenses conviction
Where appellant was convicted of four counts of obtaining money by false pretenses, there was sufficient evidence that he knew he was cashing checks from a closed account. Overview Bernie and his wife,...
View ArticleTrial court’s findings on profit-sharing plan upheld
Where the trial court ruled that husband did not disclose his profit-sharing plan to wife, and, that under the parties’ property settlement agreement, wife was entitled to one-half of the plan, there...
View ArticleSufficient evidence despite lack of informant testimony
Even though a confidential informant did not testify because he died before trial, there is sufficient circumstantial evidence to uphold appellant’s conviction for distribution of a Schedule I or II...
View ArticlePrior sexual encounters inadmissible in rape case
The trial court correctly refused to allow appellant to cross-examine the rape victim about her prior sexual encounters with appellant because those encounters “were not reasonably proximate to the...
View ArticleOdor of marijuana did not prevent vehicle search
Where police expanded the search of appellant’s car after smelling marijuana, Code § 4.1-1302(A), which prevents such searches, does not apply retroactively. Appellant’s motion to suppress evidence was...
View ArticleRetirement account was marital property
The trial court correctly ruled that husband’s retirement account was marital property despite husband’s claim that it was funded with income he earned before the parties’ marriage. Classification of...
View ArticleEquitable distribution hearing OK in wife’s absence
The trial court correctly denied wife’s “motion to reconsider after the court conducted an equitable distribution hearing in her absence and entered a final order of divorce.” The court properly...
View ArticleCounterclaim for unpaid rent dismissed
Where the parties disputed the terms of their lease agreement concerning the payment of rent, the trial court considered the testimony and trial exhibits, and correctly credited the lessee’s version....
View ArticleProtective order properly entered on mom’s, child’s behalf
There was sufficient evidence to justify a protective order against father in favor of a 15-year-old child, A.N.H., an adult child and the mother. Discussion “Father argues that the circuit court erred...
View ArticleTitle applicant made false statements to DMV
Where appellant claimed he possessed the vehicles he was attempting to title under the Department of Motor Vehicle’s abandoned vehicle process, or AVP, he was properly convicted under Code §...
View ArticleRemand for new ‘Brady’ hearing
Where appellant was convicted of two counts of first-degree murder, two counts of use of a firearm in the commission of a felony and one count of robbery, the trial court correctly denied his motion...
View ArticleAppellees had power to remove business manager
The trial court’s ruling that two members of an LLC had the necessary voting power to remove a third member as manager is affirmed. Background Rajeeva and Poonam Agarwal founded a business that became...
View ArticleLessee was holdover after lease expired
Where some of a dental practice’s equipment remained on the premises after the lease expired, the trial court correctly determined that the practice and one of the dentists were responsible for...
View ArticleCorrect legal standard used to analyze demurrer
Where appellant claimed a prison health service was responsible for him contracting COVID-19 when the service returned an infected inmate to appellant’s housing area, the trial court correctly...
View ArticleSanction against pro se litigant reversed
Where the circuit court deemed as “frivolous” appellant’s motion to vacate his conviction and his 88-year sentence, and stated that it would not “entertain” any pro se “‘pleadings … of any kind...
View ArticleSupermajority vote for bylaws change disapproved
Where an electrical cooperative’s bylaws provided that any bylaw changes must be approved by a two-thirds majority, the circuit court erred by upholding this supermajority requirement as a matter of...
View ArticleDebt collector did not validate debt
The trial court erred when it determined that appellant was liable for a debt because appellee debt collector lacked standing to sue. This is so because appellee “did not provide or identify any...
View ArticleFederal court ruling bars state court action
Where a federal court dismissed appellant’s federal-law claims and any other claims arising from an incident involving appellant and appellee, the state circuit court correctly dismissed appellant’s...
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