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 [...]
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 city [...]
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 and his [...]
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 [...]
No Continuance to Raise Money for Private Counsel
By Deborah Elkins
Published: April 21, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirmed defendant’s jury trial convictions for attempted rape, abduction with intent to defile, and misdemeanor assault and battery; defendant failed to show prejudice or surprise warranting a second continuance and the record evidence was sufficient to prove guilt beyond a reasonable doubt. Defendant met victim at a bar where she was [...]
No Juvenile Court Jurisdiction from Mistaken Agreement
By Deborah Elkins
Published: April 11, 2011
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms the circuit court decision that it lacked jurisdiction to review an indefinite juvenile commitment order after 60 days even though the parties and trial court mistakenly agreed to a review date outside the statutory review period. Defendant was charged by JDR court petition with carrying a firearm on school property [...]
Criminal – Forgery – Uttering – Grand Larceny
By Deborah Elkins
Published: September 16, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s convictions despite his contention that the commonwealth did not prove he knew the check he used to open a bank account was forged. Defendant opened a new checking account with a check drawn on an account that did not exist by a payor that did not exist. Beginning on [...]
Criminal – Forgery – Uttering – Grand Larceny
By Deborah Elkins
Published: September 10, 2010
Tags: Criminal, Judge Rudolph Bumgardner III, Virginia Court of Appeals
The Court of Appeals affirms defendant’s convictions despite his contention that the commonwealth did not prove he knew the check he used to open a bank account was forged. Defendant opened a new checking account with a check drawn on an account that did not exist by a payor that did not exist. Beginning on [...]
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