7 results for 'judge:"Beales"'.
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. 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. 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
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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. 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