A police officer on the lookout for a black Mitsubishi could pull defendant’s car after the officer passed him on a two-lane highway and observed a tree-shaped air freshener hanging from defendant’s rear-view mirror, a possible violation of Virginia’s “obstruction ...

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

The circuit court erred in dismissing competitor’s appeal of a hospital permitting decision for lack of standing, the Court of Appeals says; standing is determined from properly pled allegations and the case is remanded. Applicant applied to the State Health ...

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

The Court of Appeals affirms defendant’s bench trial conviction and five-year sentence for felon firearm possession:  a bank employee’s eyewitness report of defendant parked in a car armed with a shotgun near the bank provided reasonable suspicion to detain and ...

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

A defendant cannot overturn revocation of his suspended sentence with a collateral attack on his underlying conviction under Va. Code § 18.2-361(A) for consensual sodomy with juveniles, and the Court of Appeals says the trial court did not err in ...

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

A father’s retirement account will go to his two children, and not to his surviving spouse, because their right to the money vested when the father and mother divorced, the Virginia Court of Appeals said on Jan. 28. When Sandra ...

Tagged with: Domestic Relations Judge Glen A. Huff Judge Robert J. Humphreys Judge W. Allan Sharrett Sussex County Circuit Court Virginia Court of Appeals News

A defendant identified as a waiter at a Denny’s restaurant who took a customer’s credit card and used the card to charge $153 in merchandise at a Walmart cannot overturn his conviction of credit card fraud with a claim that ...

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

Defendant cannot withdraw his guilty plea to 12 felonies after receiving an active sentence of 38 years, the Court of Appeals says; defendant never proffered a reasonable defense to the charges which included burglary with intent to commit murder, rape ...

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

Defendant cannot avoid his bench trial robbery conviction and four-year active sentence by alleging his court appointed attorney promised a three-year sentence, the Court of Appeals says: defendant pleaded guilty in good faith and conceded he could not base a ...

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

The Court of Appeals refuses to suppress drug evidence discovered after defendant was stopped for operating a moped without a DOT-approved helmet; the officer’s suspicion that defendant’s helmet did not comply provided probable cause. One day in May, defendant was ...

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

A husband could not terminate spousal support payments by refashioning his firing to fit under the parties’ property settlement agreement, the Virginia Court of Appeals has ruled. The PSA signed by William and Elizabeth Strack in 2010 called for the ...

Tagged with: Domestic Relations Judge Glen A. Huff Judge Walter J. Ford Virginia Court of Appeals News Williamsburg/James City County Circuit Court