Completed Abduction Separate Offense

Interest Award Procedure Clarified

By Deborah Elkins
Published: January 17, 2013
Tags: Judge Robert J. Humphreys, Virginia Court of Appeals, Workers' Comp

The Court of Appeals remands for clarification the commission’s award of interest to employee; Va. Code § 65.1-1203(A)(2) requires that the commission must specifically order payment by the Uninsured Employer’s Fund, and the Fund is a subrogee not a successor to or insurer of employer. In 2011, employee, a 63-year-old auto parts salesman, was awarded [...]

Perjury Conviction Upheld for Trial Testimony

By Deborah Elkins
Published: December 19, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals affirms a perjury conviction for a defendant for giving conflicting testimony on separate occasions as to the same matter under Va. Code § 18.2-435 following a bench trial in the Circuit Court of the County of Amelia. On appeal, Stephen A. Sutphin contends that the trial court erred in finding the [...]

Reversal for ‘Opinion on Ultimate Issue’

By Deborah Elkins
Published: December 19, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Allowing a firearms expert to testify about a BB gun may have been harmless error, but allowing the expert to testify on the ultimate issue in the case – whether defendant entered the bank while armed with a “deadly weapon” – was reversible error, and the Court of Appeals reverses defendant’s convictions on this charge [...]

Gun Serial Number Charge Not ‘Continuing Offense’

By Deborah Elkins
Published: December 19, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

All evidence indicated the firearm defendant possessed already had its serial number altered when he carried it into Brunswick County, and the Court of Appeals reverses defendant’s conviction for altering the firearm serial number in violation of Va. Code § 18.2-311 because the commonwealth did not prove venue in Brunswick County where defendant was arrested. [...]

Failing to Call 911 Not Felony Child Neglect

By Deborah Elkins
Published: November 5, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals reverses a defendant’s conviction of felony child neglect in the death of his infant twin son who became ill and could not be saved by defendant’s efforts to perform CPR. In the light most favorable to the commonwealth as the party that prevailed below, the trial court found that defendant was [...]

Weapons Conviction Under Ordinance Upheld

By Deborah Elkins
Published: November 5, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

A defendant cannot overturn his weapons conviction under a Henrico County ordinance by arguing the conviction is void because there exists no Ordinance 22-2 incorporating the state statute on carrying a concealed weapon; the Court of Appeals says defendant did not include this assignment of error in his petition for appeal. The summons listed Ordinance [...]

Appeal Brief Ineffective on Spousal Support

By Deborah Elkins
Published: October 22, 2012
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals criticizes husband’s unorganized appellate brief assigning 19 errors, many redundant or procedurally defaulted, but declines to award appellate fees finding some merit in husband’s argument to impute income from social security and increased IRA income, although no error nor abuse of discretion warranting reversal. Husband and wife divorced and a1992 order [...]

Wage Claim Dismissal Upheld

By Deborah Elkins
Published: October 22, 2012
Tags: Administrative, Judge Robert J. Humphreys, Virginia Court of Appeals

The Virginia Administrative Process Act, Article 3, does not apply to appellant’s wage claim against a construction company, and the Court of Appeals affirms a circuit court order dismissing appellant’s petition for appeal from the Virginia Department of Labor and Industry decision closing his wage claim. The Wage Payment Act provides that all employers shall [...]

Wife has ‘dramatic’ investment growth, but keeps support

By Deborah Elkins
Published: October 16, 2012
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals News

A husband lost his appeal saying a divorce court should have further reduced his spousal support payments, in an opinion released by the Court of Appeals of Virginia on Oct. 16. Husband Murray Wright argued that his ex-wife Nancy Wright no longer needed spousal support, given her assets and potential sources of income. He said [...]