Look-Alike Brother’s Conviction Reversed

Breathalyzer Test Results Admissible

By Deborah Elkins
Published: February 4, 2013
Tags: Judge Rudolph Bumgardner III, Traffic Offenses, Virginia Court of Appeals

In defendant’s appeal of her DUI conviction based on alleged error in admitting the results of her breathalyzer test, the Court of Appeals affirms her conviction, as the issues raised in this appeal have been decided by Fitzgerald v. Commonwealth [VLW 012-7-352]. Defendant objected to evidence of the breathalyzer test results because the commonwealth did [...]

Recent Thefts Allowed Stop

By Deborah Elkins
Published: February 4, 2013
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

Defendant is not entitled to reversal of her convictions for possessing marijuana and cocaine, the Court of Appeals says; recent thefts in the area gave police reasonable suspicion to stop her as she entered her car after leaving a pickup truck at 1:45 a.m. At about 1:45 a.m. one night in June, a police officer [...]

Evidence Required Self-Defense Instruction

By Deborah Elkins
Published: December 19, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

Defendant is entitled to a new trial for trial court error in failing to give her requested instructions on self-defense and heat of passion, the Court of Appeals says; record evidence supports defendant’s theories requiring that her instructions be given. Defendant’s mother arrived home at 11:00 p.m. one evening to find her nephew visiting with [...]

Accomplice’s Plea Supports Conspiracy

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for conspiring with a woman to rob victim of his television set; the woman’s guilty to plea to conspiracy supports finding a conspiracy considering other record evidence of concerted action. While moving, victim was pushing a cart loaded with a television and a box of clothes. Victim passed [...]

Single Blow was Malicious Wounding

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for malicious wounding under Johnson v. Commonwealth, 53 Va. App. 79 (2008), that a single blow delivered with sufficient brutality can support conviction for malicious wounding: defendant hit victim with sufficient force to break his nose and orbital bone, requiring ongoing treatment; defendant boasted of his strength, threatened [...]

Probable Cause for Seizure of FedEx Package

By Deborah Elkins
Published: November 19, 2012
Tags: Judge Rudolph Bumgardner III, Search & Seizure, Virginia Court of Appeals

A detective inspecting packages at a Federal Express facility had probable cause to seize a package defendant said he was picking up for his wife, based on the package coming overnight from California, identifying “FedEx” as the sender, smelling strongly of dryer sheets often used to mask the smell of marijuana and defendant parking far [...]

Physician Impairment Ratings Rejected

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Rudolph Bumgardner III, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission decision denying permanent total disability benefits for her left side: the record evidence supports the commission finding that the 90 percent impairment ratings of two physicians were insufficient. Employee fell while waiting tables in 2000. After being treated by an orthopedic specialist for a broken bone in her [...]

State Can Quash Victim Records

By Deborah Elkins
Published: April 12, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

On appeal of his conviction and sentence for taking indecent liberties with a minor, the Court of Appeals affirms the trial court order quashing defendant’s subpoena for victim’s mental health records; the commonwealth’s attorney had standing to make the motion and defendant failed to show the records were material to his punishment when no medical [...]

Unlicensed Attorney Committed Fraud

By Deborah Elkins
Published: April 12, 2012
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals

The Court of Appeals affirms defendant’s four convictions of obtaining money by false pretenses; defendant falsely represented he was a Virginia licensed attorney to collect higher fees from four families seeking representation in special education matters. Defendant was licensed to practice in the District of Columbia from 1984 to 2005 when his license was suspended [...]