Where appellant was placed in a home incarceration program, he was in the custody of  “a court, jail or law enforcement agent,” and was properly charged with, and convicted of, felony escape after he removed his ankle GPS monitor. Curtailed ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Even though husband had technical difficulties joining an online videoconference of his divorce trial – he could observe the proceedings but others could not see or hear him – the trial court properly denied his motion for a continuance. Husband ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

Where appellant was convicted of a sex crime involving a minor, the trial court was not required to order a psychosexual evaluation before imposing sentence. The trial court properly denied appellant’s emergency motion to vacate his sentence. Discussion Appellant “contends ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

The Workers’ Compensation Appellate Commission correctly interpreted its rules to require reasonable notice when requesting attorney’s fees from a health care provider. Although the relevant statute does not have a time requirement for filing a claim for attorney’s fees, the ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

Where an expert examined appellant and concluded he did not meet the diagnostic criteria of a pedophile, the trial court incorrectly barred this testimony on the basis that it would be opinion testimony on an ultimate issue of the case ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

The trial court lacked subject matter jurisdiction to decide mother’s motions to reconsider child support rulings. Further, mother did not file a timely notice of appeal to challenge the underlying orders. As a result this court lacks jurisdiction to consider ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

There was sufficient evidence to convict appellant of grand larceny and statutory burglary. The trial court properly applied an inference regarding possession of recently stolen property for the grand larceny charge. The evidence also supported an inference that the grand ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Claimant’s argument that the Virginia Workers’ Compensation Commission applied a clear and convincing evidence standard to deny her claim is not well-taken. The preponderance of the evidence standard has two components, the burden of production and the burden of persuasion. ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation

The trial court correctly ruled that wife became solely liable for mortgage payments on the former marital home on a date specified by the “clear and unambiguous” terms of the parties’ property settlement. Further, the court properly ordered wife to ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

Where a treating physician consistently noted that claimant’s neck and shoulder strains were the result of a workplace injury, and that she had reached “maximum medical improvement,” the Workers’ Compensation Commission properly awarded claimant temporary total disability benefits. Further, the ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation