28 results for 'court:"Virginia Court Of Appeals"'.
J. Beales finds a lower court did not err in convicting defendant for raping his wife. Defendant raised a number of objections, including arguing the court had improperly failed to consider his mental health at sentencing, but in fact the court had “considered the facts of this case” before sentencing and did not abuse its discretion in imposing a lengthy sentence. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0081-23-3, Categories: Sentencing, Sex Offender
J. Ortiz finds a lower court erred when it reduced the child support obligations of an ex-husband following a divorce. The court based the reduction on supplementary security income benefits received by the couple’s disabled adult child, but these benefits are not an “independent financial resource” that can “justify a reduction in a parent’s child-support obligation.” Reversed.
Court: Virginia Court Of Appeals, Judge: Ortiz, Filed On: May 7, 2024, Case #: 0877-22-2, Categories: Family Law, Social Security, Guardianship
J. Decker finds a lower court did not err in convicting defendant of threatening to damage a building. Defendant raised a number of issues on appeal, including a challenge to the admissibility and sufficiency of the evidence against him, but regardless of defendant’s mental state at the time, the lower court did find that he had made a “true threat.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: May 7, 2024, Case #: 1805-22-4, Categories: Constitution, Evidence, Threats
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J. Beales finds a lower court did not err when it found that a teacher and football coach had not shown he was defamed by a school report that found he had “loudly uttered numerous statements incorporating profanity around students.” Because the allegedly defamatory statements were made as part of an official report, the officials’ statements were “entitled to qualified privilege and, therefore, could not be defamatory.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0702-23-3, Categories: Education, Defamation
J. Callins finds a lower court erred when it sustained a demurrer by county officials after they were sued by residents concerned about the approval of a major development by Amazon. The officials did not comply with requirements to give adequate public notice because the summary of their proposed action did not include relevant information, including a proposed increase “in the height and density limits for buildings.” Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: May 7, 2024, Case #: 0240-23-4, Categories: Government, Due Process
J. Lorish finds the lower court properly denied a niece’s petition seeking an accounting to her aunt’s finances. The aunt executed a durable power of attorney designating an agent. The niece claims she filed the petition because she was concerned that the agent was mishandling her aunt’s finances. The lower court denied the petition, and the instant court finds it did not abuse its discretion in doing so. Affirmed.
Court: Virginia Court Of Appeals, Judge: Lorish, Filed On: April 9, 2024, Case #: 0600-23-3, Categories: Fiduciary Duty
J. Callins finds the lower court improperly found in favor of a sheriff and his deputy in this matter of gross-negligence. While detained in the back seat of a police vehicle, the individual maneuvered to bring his cuffed hands from behind his back to the front of his body, grabbed a loaded gun from the front seat of the vehicle, and shot himself in the head. The individual survived, and filed this action against the sheriff and his deputy claiming they were negligent in supervising him while under arrest. The lower court found that by shooting himself, the individual was a felon illegally in possession of a firearm, and that the deputy had exercised care while detaining him, but the instant court disagrees. Evidence was presented that the deputy saw the individual attempting to manipulate the position of his cuffed hands but did not secure them, and the individual raised the question that he was of unsound mind at the time of the incident, raising an issue of material fact. The matter is remanded for further consideration. Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: March 5, 2024, Case #: 1499-22-2, Categories: Negligence, Police Misconduct
J. Chaney finds the lower court improperly denied defendant’s motion to suppress evidence. Defendant entered conditional guilty pleas to firearm possession by a convicted violent felon and two counts of possession of a controlled substance with intent to distribute. Case evidence was obtained by police through a warrantless search of defendant’s vehicle during a traffic stop that was excessive in length and scope. The search was unlawful, so the convictions must be vacated. Reversed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: December 28, 2023, Case #: 1478-22-2, Categories: Drug Offender, Firearms, Search
J. Humphreys finds the lower court properly ordered the removal of a gate on a property. A previous owner constructed a gate on an easement that was used by adjoining property owners, provided them a key to the gate to allow access, but it was never locked. When the previous owner died, the new owner changed the lock on the gate and the adjoining property owners no longer had access to the easement. The lower court found the neighboring property owners’ use of the easement was adverse, under a claim of right, exclusive, continuous, uninterrupted, with the knowledge of the owner of the land; the lower court properly ordered the gate removed and granted the neighboring property owners a prescriptive easement. Affirmed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: December 28, 2023, Case #: 0183-23-3, Categories: Real Estate
J. Chaney finds the lower court properly dismissed a personal injury suit. Because the driver of a vehicle that collided with complainant’s vehicle died before the complainant filed her action, the lower court determined the decedent was not a proper party to the suit. A representative for the decedent filed a plea-in-bar, and the lower court granted it, as the time for the complainant to amend to substitute a personal representative for the decedent and for filing a personal injury action had expired. Affirmed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: October 31, 2023, Case #: 0104-22-3, Categories: Civil Procedure, Negligence
J. Decker finds the lower court properly convicted defendant of two counts of aggravated sexual battery of a minor under the age of thirteen for committing multiple sex offenses against his stepdaughter. Defendant argues the lower court should have granted his motion to suppress statements he made to law enforcement after his arrest, citing his poor English comprehension as a violation of his Miranda rights. But the prosecutor demonstrated that in prior legal matters involving defendant, he had neither requested nor used an interpreter; and after viewing the interview video, the lower court found defendant was able to sufficiently understand and communicate in English. The instant court finds defendant's statements were knowingly and voluntarily given and the lower court’s denial is proper. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: October 31, 2023, Case #: 0748-22-2, Categories: Evidence, Miranda, Sex Offender
J. Beales finds the lower court properly convicted defendant of three counts of first-degree murder, three counts of abduction with the intent to extort money, three counts of child abuse or neglect, three counts of child endangerment or cruelty, one count of robbery, one count of conspiracy to commit robbery, and one count of conspiracy to commit abduction with the intent to extort money for his role in a scheme to rob a man of money and at least two kilograms of cocaine. During the execution of the plan, defendant and other members of his group moved three members of a family into separate rooms, restrained them, then slit their throats. After completion of the killings, the defendant and others departed the home leaving a 17-month-old toddler and a one-month-old baby unattended until a family member discovered them and the bodies days later. Evidence is sufficient to support defendant’s convictions. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: October 10, 2023, Case #: 0643-22-2, Categories: Murder, Robbery, Kidnapping
J. Beales finds the lower court properly convicted defendant of three counts of first-degree murder, three counts of abduction with the intent to extort money, three counts of child abuse or neglect, three counts of child endangerment or cruelty, one count of robbery, one count of conspiracy to commit robbery, and one count of conspiracy to commit abduction with the intent to extort money for his role in a scheme to rob a man of money and at least two kilograms of cocaine. During the execution of the plan, defendant and other members of his group moved three members of a family into separate rooms, restrained them, then slit their throats. After completion of the killings, the defendant and others departed the home, leaving a 17-month-old toddler and a one-month-old baby unattended until a family member discovered them and the bodies days later. Evidence is sufficient to support defendant’s convictions. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: October 10, 2023, Case #: 0676-22-2, Categories: Murder, Robbery, Kidnapping
J. Decker finds the lower court properly granted default judgment in favor of an auto buyer. The auto buyer went to a seller to purchase a work truck to start a car hauling business, and the seller told the buyer that a diagnostic would be done on the engine and transmission. The seller contacted that buyer and said everything checked out with the exception of the air conditioner, and the buyer purchased the vehicle. The buyer experienced issues with the vehicle immediately after taking possession, and approximately one month later the engine failed. The buyer sued and he was granted default judgment as well as damages and attorney fees. The seller argues that the judgment is not valid because there is an arbitration agreement in the sales contract, but the seller did not attempt to exercise the arbitration clause until after the lower court granted default judgment, therefore the right to arbitration was waived. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: August 29, 2023, Case #: 0728-22-2, Categories: Arbitration, Vehicle, Damages
J. Chaney finds the lower court properly granted a divorce to a wife, but improperly determined the distribution of real property. The wife was granted a divorce on grounds that she and husband had lived separate and apart, continuously and uninterrupted, without any cohabitation for more than one year. While the trial court found the date of separation to be in July 2014, the husband argued it was not until December 2018. The instant court finds the trial court properly determined the July 2014 date to be the date of separation, but the distribution of real property is vacated and remanded for reconsideration. Affirmed in part.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: August 8, 2023, Case #: 0120-22-4, Categories: Family Law
J. Athey finds the lower court improperly declared a new property line in this real estate matter. Homeowners claim their neighbors constructed a fence on their property, and complain that bamboo that the neighbor planted is growing onto their property as well, creating a nuisance. While the lower court properly determined that the bamboo from the neighbor’s yard had encroached on the homeowner’s property creating a nuisance, it did not have jurisdiction to declare a new property line. The matter is remanded for further consideration. Reversed in part.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 8, 2023, Case #: 0754-22-4, Categories: Real Estate, Zoning, Jurisdiction
J. Humphreys finds the lower court improperly granted a tortfeasor’s motion to mark judgment satisfied. Judgment was awarded to the insured, and the insured’s insurance company waived its right to subrogation against the tortfeasor if he would proceed to trial, which he did. The tortfeasor’s insurance paid $50,000 per the terms of his insurance coverage, and the insured’s insurance company paid the remaining balance via the insured’s underinsured motorist coverage, but that does not mean that the tortfeasor has paid off the judgment, it just means that the insured collected per the terms of the underinsured motorist coverage that the insured elected to purchase. The amount collected under that coverage is not a credit toward the balance of the judgment; the tortfeasor is still obligated to pay the balance. Reversed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: August 8, 2023, Case #: 1100-22-1, Categories: Insurance, Tort, Damages
J. Athey finds the lower court properly determined defendant violated the conditions of his suspended sentences by failing to report to his probation officer and failing to complete a recommended psychosexual evaluation. Defendant was convicted of sexual battery, assault and battery, and stalking and was sentenced to 36 months in jail with 30 months suspended for five years. Defendant argued that he believed he was on unsupervised probation and did not have to comply with the court-order evaluation or report to his probation officer. The lower court determined that when he was released to probation, the probation intake officer reviewed the conditions of his suspended sentences with defendant, therefore he knew the terms. Due to his violations, the lower court ordered him to serve six months of active incarceration, and resuspended the 24-month balance of his sentences. Affirmed.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 8, 2023, Case #: 1275-22-4, Categories: Probation, Sentencing, Sex Offender
J. Ortiz finds the lower court properly found defendant guilty of larceny shoplifting. Defendant pleaded guilty to the charges after taking merchandise from a home improvement store without paying for it, returning the merchandise for store credit and spending a portion of the credit. Defendant was sentenced to five years, with three years and six months suspended. Defendant argues the court lacked subject matter jurisdiction and erroneously sentenced him under the felony enhancement Code § 18.2-104, but that it was repealed before he was indicted. Because the criminal offense occurred prior to the repeal of the code, the lower court had jurisdiction and properly convicted and sentenced defendant. Affirmed.
Court: Virginia Court Of Appeals, Judge: Ortiz, Filed On: August 8, 2023, Case #: 0672-22-2, Categories: Sentencing, Theft, Jurisdiction
J. Beales finds the lower court properly convicted a former police officer of assault and battery. The former officer leg-swiped a man that he had in custody, sending the man face-first onto a hospital floor. The man sustained multiple injuries from the fall, including a broken kneecap, and witness testimony suggests that the former officer’s actions were unprovoked and excessive. The instant court finds no error in the lower court’s decision and finds evidence is sufficient to support defendant’s convictions. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: August 1, 2023, Case #: 0485-22-4, Categories: Evidence, Assault
J. Humphreys finds the instant court lacks jurisdiction in this matter concerning an order for a former spouse to pay retroactive and ongoing spousal and child support and arrearage. Due to statutory amendments, the instant court is not authorized to hear interlocutory appeals in orders involving divorce, custody, support or any other domestic relations matter.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: August 1, 2023, Case #: 0727-22-4, Categories: Family Law, Jurisdiction
J. Raphael finds the lower court improperly convicted defendant of carrying a loaded firearm in public and sentenced him to 12 months incarceration with 11 months and 15 days suspended. A police officer testified that he saw defendant carry a pistol with an extended magazine in a public place, and after investigation found that he did not have a concealed-carry permit. Because the Commonwealth failed to prove beyond a reasonable doubt that the weapon defendant carried was a center-fire pistol, an essential element under Code § 18.2-287.4, the conviction is vacated and the charge dismissed. Reversed.
Court: Virginia Court Of Appeals, Judge: Raphael, Filed On: August 1, 2023, Case #: 0427-22-2, Categories: Evidence, Firearms
J. Beals finds the Workers’ Compensation Commission (Commission) denied a company’s application to terminate an employee. An employee was involved in a roll-over collision while on the job and sustained compensable injuries. He was deemed to be totally disabled from the injuries and was unable to return to work. The company sent the employee a letter informing him of vocational rehabilitation services, and when the employee failed to participate, the company sought to terminate. Though the company claims the employee willfully refused to cooperate with vocational rehabilitation services, the Commission and the instant court find the company’s intent was for the employee to begin vocational rehabilitation and to find him a job despite the fact that he was found to still be totally disabled and had not been medically released to return to work. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: August 1, 2023, Case #: 1173-22-4, Categories: Employment, Workers' Compensation
J. Decker finds the lower court properly refused to alter the terms of defendant’s conditional release. Defendant was charged with the crime of murder for choking and stabbing his girlfriend’s father to death, and pleaded not guilty by reason of insanity. The lower court accepted his plea and ordered him to be committed to the state hospital with yearly reviews to determine continuation of his commitment. Defendant was ultimately released to live full-time in a transitional home, but appeals arguing he should be allowed to live independently. While a recent recommendation by a transitional living facility recommended that defendant should be allowed to live independently in the community, the lower court found that the evidence supported the decision that defendant remain in the transitional living facility with continued reviews. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: July 18, 2023, Case #: 0464-22-2, Categories: Murder, Sentencing
J. Lorish finds the lower court improperly dismissed defendant’s motion to suppress evidence obtained during the course of a warrantless search. The trial court found that a deputy lawfully searched a passenger in a vehicle during the course of a traffic stop based on the attending officer’s belief she was in possession of narcotics. The instant court finds there was probable cause to make an arrest, but without an arrest, probable cause is not sufficient for a warrantless search. Reversed.
Court: Virginia Court Of Appeals, Judge: Lorish, Filed On: July 5, 2023, Case #: 0744-22-4, Categories: Drug Offender, Search
J. Humphreys finds the lower court improperly granted a motion to mark judgment satisfied in this matter concerning damages related to a vehicle accident. Brown was awarded a judgment of $286,000 against Kirkpatrick for damages. Kirkpatrick’s insurance company paid him $50,000 per the policy limit, and the balance was paid to Brown via his underinsured motorist coverage. While Brown’s insurance company waived its right to subrogation, Brown claims he retains the right to pursue recovery against Kirkpatrick for the amount of the damages, and that Kirkpatrick should not receive a credit for or absolved of paying what Brown’s insurance company paid out under the underinsured motorist coverage, nor should he be released from his liability to satisfy the judgment. Reversed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: July 5, 2023, Case #: 1100-22-1, Categories: Insurance, Tort, Damages