The court lacked jurisdiction to review a nolle prosequi order and also declined to consider the defendant’s arguments not raised in the trial court. Background Appellant Cecil Truman was indicted for numerous drug crimes. The trial court had to appoint ...

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

A divorcing father’s unilateral decision to use a marital investment account to pay for his adult son’s master’s program was properly considered waste of the marital assets, the Court of Appeals of Virginia has ruled. A Fairfax County circuit judge ...

Tagged with: Judge Bruce D. White Judge Glen A. Huff Judge Rossie D. Alston Jr. Judge Wesley G. Russell Jr. Virginia Court of Appeals News

Use of a blood test to determine the defendant’s blood alcohol content without a warrant was justified under Virginia’s implied-consent law when administering a breath test would have delayed the defendant’s medical care. Background Alexandria police officer Reid Hudson pulled ...

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

Parker v. Commonwealth (VLW No. 017-7-236-UP, 10pp.) (Huff, C.J.) Record No. 0303-16-1. On appeal from the Circuit Court of the City of Chesapeake (Smith, J.) Holding: Where the appellant-defendant’s Department of Motor Vehicles transcript was provided to a trooper, and ...

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

Gay v. Virginia Beach Dep’t of Human Services (VLW No. 017-7-241-UP, 11pp.) (Huff, C.J.) Record No. 0887-17-31 Appeal from the Circuit Court of the City of Virginia Beach (Shockley, J.) Holding: Where the appellant-mother over three years failed to find ...

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

At defendant’s trial for aggravated sexual battery of his 13-year-old stepdaughter, the trial court did not err in admitting her statements to a forensic nurse examiner as nonhearsay for the purposes of medical diagnosis or treatment under Va. Rule of ...

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

The Court of Appeals affirms defendant’s conviction of aggravated sexual battery after he sexually assaulted a woman who had been helped to a bed in a coworker’s home after a social gathering, due to her intoxication; the woman’s testimony demonstrated ...

Tagged with: Criminal Judge Glen A. Huff Unpublished Opinion Virginia Court of Appeals

The Court of Appeals affirms a second-degree murder conviction of a defendant who fatally shot his ex-girlfriend’s boyfriend when they met to exchange custody of defendant’s son with the ex-girlfriend, because of defendant’s anger over the boyfriend smoking a cigarette ...

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

In sentencing defendant for DUI and refusal to submit to a breathalyzer, the trial court did not err in enhancing the Virginia charges based on defendant’s prior convictions under Florida’s DUI statute, which was “substantially similar” to Virginia’s DUI statute, ...

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

The Court of Appeals affirms defendant’s conviction of malicious wounding, for tattooing two young girls, ages 11 and 12, against their wishes. The evidence was sufficient for a reasonable fact finder to conclude that defendant specifically intended to disfigure the ...

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