Judge Robert J. Humphreys « Virginia Lawyers Weekly

Marijuana Odor Provides Probable Cause

By Deborah Elkins
Published: December 16, 2011
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Defendant is not entitled to reversal of his convictions for felony possession of oxycodone and misdemeanor possession of marijuana based on the failure of police to obtain a warrant before searching his person, the Court of Appeals says; the smell of marijuana emanating from defendant’s residence provided police probable cause to obtain a warrant to [...]

Husband’s Family Farm is ‘Marital’

By Deborah Elkins
Published: December 15, 2011
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

When husband and wife sold their home and purchased the 19-acre family farm in Nelson County from a trust set up by husband’s parents to hold the farm as property for their four sons, the farm became marital property and the Court of Appeals upholds classification of the farm as marital property.
On appeal, husband [...]

Court Lacks Jurisdiction in Agricultural Regulation Case

By Deborah Elkins
Published: December 1, 2011
Tags: Civil Procedure, Judge Robert J. Humphreys, Virginia Court of Appeals

An appellant seeking to challenge a state agricultural regulation loses his appeal, as the Court of Appeals affirms the decision of the circuit court that it did not have jurisdiction to consider this appeal due to the untimely notice of appeal.
The U.S. Department of Agriculture sought to eradicate Scrapie, a debilitating disease of sheep and [...]

No Waiver of Jury Trial

By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Defendant is entitled to reversal of his bench trial conviction for forgery of a public record and remand for a jury trial, the Court of Appeals says; defendant did not waive his right to a jury trial guaranteed by the Constitution of Virginia, art. I, § 8.
Defendant talked with a resort area property owner about [...]

Welfare Fraud Conviction is Workplace ‘Misconduct’

By Deborah Elkins
Published: December 1, 2011
Tags: Judge Robert J. Humphreys, Unemployment Comp, Virginia Court of Appeals

Although a Wal-Mart merchandising supervisor had never been disciplined on the job and self-reported her guilty plea to felony charges of welfare fraud, her criminal conduct outside work constituted workplace misconduct that bars her from receiving unemployment compensation, the Court of Appeals says.
Claimant does not dispute the validity of Wal-Mart’s decision to terminate her employment [...]

Husband’s Company Remained Separate

By Deborah Elkins
Published: November 28, 2011
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals reverses and remands a divorce decree awarding wife a 40 percent interest in husband’s business; wife failed to prove any appreciation during marriage.
Husband incorporated a building company in 1986 and married in 1993. Husband owned 100 percent of the stock at all times. At the equitable distribution hearing, [...]

Father in Japan Gets Custody

By Deborah Elkins
Published: November 3, 2011
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

Mother is not entitled to reversal of an order granting father primary physical custody of their three children residing with father in Japan, the Court of Appeals says; the circuit court considered all of the statutory factors and gave greater weight to father’s evidence, and its appointments of evaluators and guardian ad litem and determination [...]

No ‘Corpus Delicti’ Rule for Revocation

By Deborah Elkins
Published: October 28, 2011
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

A defendant cannot overturn revocation of a suspended sentenced with her argument that her own uncorroborated statement was the only proof she had violated conditions of her probation; the Court of Appeals affirms revocation and re-suspension of defendant’s previously suspended sentences on six felony convictions.
Defendant initially was sentenced on one count of cocaine possession [...]

No Felony Without ‘Serious’ Mental Injury

By Deborah Elkins
Published: October 28, 2011
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Although a 17-year-old girl who was forcibly molested by the two defendants was understandably “agitated” and “upset,” even two years later when she testified at their trial, the commonwealth failed to establish the girl suffered a particularly “grave” mental injury, and the Court of Appeals reverses the two defendants’ convictions for the felony of aggravated [...]

Circumstantial Evidence Proved Gun Possession

By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial conviction for firearm possession by a violent felon based on circumstantial evidence surrounding a police officer’s discovery of a rifle after a masked man in camouflage clothing with defendant’s first name confronted two witnesses.
Defendant’s son was beaten by twins one day in November. Around 8 p.m. that [...]

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