Husband’s Family Farm is ‘Marital’

Wife Due Fees Under Agreement

By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

On wife’s appeal, the Court of Appeals reverses and remands for the trial court to determine attorneys’ fees due wife under the parties’ property settlement agreement (PSA) incorporated in their final divorce decree; husband’s confusion about tax refunds due wife do not excuse attorneys’ fees due her under the PSA; his request for an offset [...]

Salesman Marketed within Capacity

By Deborah Elkins
Published: May 1, 2012
Tags: Judge Robert J. Humphreys, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the Virginia Workers Compensation Commission decision awarding a 63-year old auto parts salesman temporary partial disability benefits; employee worked within the tolerance of his physical condition; his own testimony, corroborated by his wife, sufficiently established his work related injury caused his current disability. After 24 years in the automotive equipment [...]

Stopped Checks Prove Intent

By Deborah Elkins
Published: May 1, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Defendant is not entitled to reversal of her conviction on two counts of obtaining money or property by false pretenses based on the timing of her stop orders for two checks written to pay for rugs and glasses; her pattern of stopping payment then ceasing communication is sufficient evidence for conviction under §18.2-178(A). One day [...]

‘Stop Payment’ Orders Show Intent to Defraud

By Deborah Elkins
Published: April 12, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Although defendant says she did not intend to defraud two merchants – a consignment shop that gave her rugs on approval in exchange for her personal check and an eyewear shop that provided eyeglasses and extra lenses – when she stopped payment on checks tendered to the merchants, the Court of Appeals holds there was [...]

Robbery, Abduction Convictions Upheld

By Deborah Elkins
Published: April 6, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

The Court of Appeals affirms defendant’s jury trial convictions for robbery, abduction for pecuniary benefit, using a firearm to commit a felony and violent offender possession of a firearm; double jeopardy does not apply to crimes with different victims and the asportation required for robbery occurred when defendant directed a victim at gunpoint to take [...]

Prosecutor Could Noll Pross Check Charges

By Deborah Elkins
Published: March 28, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Although the commonwealth offered no reason to noll pross multiple worthless check charges at trial, nor was there any specific finding of “good cause,” the prosecutor was exercising the commonwealth’s right to elect which of two statutes to prosecute defendant’s conduct and the Court of Appeals has no proper role in second guessing the commonwealth’s [...]

Signed Statement of Facts Not Dispositive

By Deborah Elkins
Published: March 9, 2012
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

Although the statement of facts signed by a judge who did not hear the matter indicated defendant pleaded “not guilty,” defendant concedes that he pleaded “no contest,” and he therefore has waived any but a jurisdictional challenge to the trial court order revoking his suspended sentence for petit larceny; the Court of Appeals affirms the [...]

Comp Awarded for Construction Worker’s Fall

By Deborah Elkins
Published: February 15, 2012
Tags: Judge Robert J. Humphreys, Virginia Court of Appeals, Workers’ Comp

A laborer who said he was carrying wood to the second story of a house being framed before he fell through a hole to the ground level, which rendered him a paraplegic, suffered an injury arising out of and in the course of his employment, and the Court of Appeals upholds an award of benefits [...]

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 [...]