10 results for 'casenum:"22-4"'.
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
J. Jacobs finds that the district court improperly denied vacatur and amendment on dismissed class employment discrimination claims concerning past felony convictions that disproportionately impact Black applicants. The court improperly dismissed the claims as untimely on grounds that plaintiffs pleaded insufficient supporting data because "granular statistical comparators" were not required at the pleading stage in disparate-impact claims. Reversed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: December 8, 2023, Case #: 22-4, Categories: Employment Discrimination, Class Action
J. Agee finds the lower court improperly denied instead of dismissed the son's motion to reopen judgment on his death penalty sentence for ineffective counsel. The son and his father killed two police officers after engaging in an armed standoff with law enforcement stemming from the family's opposition to the government opening a road through their property. The son used his motion to reopen judgment due to ineffective counsel to circumvent the statutory limits on second or successive sentencing petitions. Vacated.
Court: 4th Circuit, Judge: Agee, Filed On: November 27, 2023, Case #: 22-4, Categories: Death Penalty, Murder, Sentencing
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
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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. 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. 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. 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