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 right [...]
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 for [...]
Look-Alike Brother’s Conviction Reversed
By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals reverses and dismisses the bench trial conviction of one of two brothers tried together for robbery; the trial court erred in concluding defendant should be convicted of robbery based on his greater involvement in an altercation with victim when victim testified the other brother took his cell phone.
Defendant and his brother [...]
Burglary Suspect Caught with Tools & Change
By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s convictions for breaking and entering, felony vandalism, and possession of burglarious tools; the totality of circumstances gave police reasonable cause to stop defendant’s vehicle and defendant has not preserved other issues for appeal.
Defendant was a suspect in a series of burglaries in commercial buildings. Henrico police using electronic surveillance [...]
Concession on Intent Defeats Conspiracy
By Deborah Elkins
Published: December 1, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
Defendant is entitled to reversal of his convictions for larceny by false pretenses and conspiracy to commit a felony and dismissal of both charges, the Court of Appeals says; the commonwealth’s concession of insufficient evidence to prove intent to defraud at the time property was obtained negates the required intent for larceny by false pretenses [...]
Use of Statement Was Harmless Error
By Deborah Elkins
Published: November 28, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
Defendant is not entitled to have his bench trial conviction for possessing marijuana and cocaine with intent to distribute reversed based on error in admitting his response to police asking “Do you have any more [drugs] up your ass?”; the Court of Appeals says the evidence of defendant’s guilt is overwhelming making any error in [...]
Drug Dog Prompted Seizure
By Deborah Elkins
Published: November 21, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s bench trial conviction, on a conditional guilty plea, to possession of cocaine with intent to distribute; defendant is not entitled to exclude cocaine seized from his underwear after a drug dog alerted on him.
A police officer observed defendant standing at the side of a market on a [...]
Shooting was Premeditated Murder
By Virginia Lawyers Weekly
Published: November 21, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s jury trial conviction for first-degree murder: testimony of two eyewitnesses was sufficient and defendant failed to preserve his argument about the concealed weapons conviction of another alleged shooter.
Victim was shot after leaving a nightclub with friends. He had stopped to talk to a group of people [...]
No PTSD Benefits for Deputy Sheriff
By Deborah Elkins
Published: June 6, 2011
Tags: Judge Rudolph Bumgardner III, Virginia Court of Appeals, Workers' Comp
A deputy sheriff who discovered a jail inmate not moving, with a blue and white face and dried foam around her mouth, and who was unable to revive the inmate by following instructions from a 911 dispatcher, before emergency personnel appeared to remove the inmate to the hospital, is not entitled to collect workers’ comp [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
