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

The commonwealth presented sufficient evidence to support the trial court’s finding that appellant was guilty of the receipt of stolen property. Overview Braddock reported to the police that several items were missing from his garage, including an ATV, a Husqvarna ...

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

Where appellant was convicted in two different counties for felony eluding, there was no double jeopardy violation. Even though the convictions arose from the same incident, the motorists endangered were not the same in the two counties. Background In Chesterfield ...

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

There was no illegal seizure when a police officer instructed appellant to place his hands on his head after an apartment complex security guard reported he had earlier seen appellant with a gun in the back seat of a car ...

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

Where claimant died from carbon monoxide poisoning while sleeping in his van, this was an injury that “arose out of and in the course of his employment.” The personal comfort doctrine applies under the facts and circumstances of this case. ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers’ Comp

The trial court correctly included expenses for the children’s occupational therapist in a $10,336 monthly child support award to wife. The court was not required to treat the contested expense as an unreimbursed medical expense that should have been excluded ...

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

The trial court correctly included expenses for the children’s occupational therapist in a $10,336 monthly child support award to wife. The court was not required to treat the contested expense as an unreimbursed medical expense that should have been excluded ...

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