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Judge Glen A. Huff

Sep 1, 2022

Field sobriety test is evidence of intoxication

Where appellant argues that “performance on a field sobriety test cannot serve as evidence of intoxication in determining his guilt,” the argument ignores Virginia caselaw that holds sobriety tests are admissible as circumstantial evidence of intoxication. Appellant’s other assignments of error lack merit. His DUI, second offense in 10 years conviction, is affirmed. Background Police [&helli[...]

Sep 1, 2022

‘Miranda’ error makes new trial necessary

Where appellant invoked his right to counsel but the police continued his interrogation, an incriminating statement that he made after invoking his right should not have been admitted as evidence. His sexual battery convictions are reversed. However, the commonwealth may retry appellant because there was sufficient evidence to support convictions for two counts of sexual […]

Aug 15, 2022

Court adopted prosecution’s speedy trial calculations

Appellant’s convictions for assault and battery on a law enforcement officer, obstruction of justice and driving after forfeiture of license are affirmed. There was no speedy trial violation. Defense counsel’s “agreement … to a trial date outside the speedy trial period tolled the deadline.” Further, there was sufficient evidence of appellant’s intent regarding the assault […]

Jun 2, 2022

Violation of sign ordinance upheld

Where appellant was convicted of violating a sign ordinance, his failure to appeal to the Board of Zoning Appeals prevents judicial review of his claim that he was entitled to the religious building exemption from the ordinance’s requirement. Further, even if his claim could be reviewed, the claim would fail because he did not take […]

May 26, 2022

Dismissed appeal revived by ‘en banc’ panel

The circuit court incorrectly dismissed appellant’s appeal of a drunk driving conviction in the general district court. There were no procedural defaults that prevent this court from reaching the merits of his appeal: that Supreme Court emergency orders tolled all deadlines, including the 10-day deadline to appeal the general district court’s decision. Prior proceedings The […]

May 26, 2022

Conviction under lesser included offense reversed

Where appellant was indicted under Code § 18.2-374.3(C) for using a “communications system to solicit, with lascivious intent, a person the accused knows or believes to be younger than fifteen years old[,]” but the court sua sponte convicted him under Code § 18.2-374.3(D), which pertains to persons at least 15 years old but younger than […]

May 19, 2022

No legal justification for abducting county employee

There was sufficient evidence to convict appellant of abducting a county employee. Appellant used his vehicle to block the employee from backing out of a driveway. His conduct shows he intended to deprive her of her liberty. Further, even if the employee was a law officer who searched appellant’s property without a warrant, the sole […]

May 12, 2022

Witness was credible at sex crimes trial

Where appellant was convicted of attempted forcible sodomy and aggravated sexual battery, his wife, who saw him molesting their adult daughter, provided credible testimony about the incident. Overview The evidence is reviewed in a light most favorable to the commonwealth. Appellant was married to Jennifer Bishop. They have an adult daughter, S.B., who came to […]

May 12, 2022

Sufficient evidence supports robbery and burglary convictions

Where appellant and the victims provided competing versions about the circumstances that led to appellant being charged with statutory burglary and robbery, the trial court, in its fact-finding role, correctly rejected appellant’s version and convicted him of the theft offenses. Background The trial testimony viewed “in the light most favorable to the Commonwealth,” show that […]

May 12, 2022

Malice and intent established in malicious wounding case

There was sufficient evidence of malice and intent to convict appellant of malicious wounding. The nature of his attack and the victim’s resulting injuries establish both of these elements. Background Appellant and Miller, his girlfriend, began to argue as they drank and planned a trip to Florida. Appellant got on top of Miller and used […]

May 9, 2022

Sufficient evidence to support convictions

Appellant’s convictions for malicious wounding and strangulation are affirmed. There was sufficient evidence of intent on the wounding conviction. The evidence was also sufficient to prove the strangulation caused bodily injury or a wounding to the victim. Background The victim, Karen Clay, was attacked by appellant, her ex-boyfriend. The charges against him arose from his […]

Apr 11, 2022

Inadequate skill marketing dooms benefits claim

The Virginia Workers’ Compensation Commission correctly denied claimant’s application for temporary disability benefits because he did not make reasonable efforts to market his residual work capacity. Analysis “Claimant argues the Commission erred in finding that he failed to adequately market his residual work capacity. “He relies on two facts in support of that argument: (1) […]

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