Where appellant purchased a firearm while subject to a protective order, the return of service of the order was not testimonial and therefore not subject to the Sixth Amendment’s Confrontation Clause. As a result, appellant cannot challenge his misdemeanor conviction ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Glen A. Huff Judge Robert J. Humphreys Virginia Court of Appeals

The judges of the Virginia Court of Appeals went in three different directions in analyzing when a document – a signed proof of service – can take the place of live testimony to prove violation of a criminal statute. At ...

Tagged with: Criminal Law Judge Clifford L. Athey Jr. Judge David W. Lannetti Judge Glen A. Huff Judge Robert J. Humphreys Virginia Court of Appeals

Appellant’s argument that his convictions should be set aside because the commonwealth did not disclose impeachment evidence relating to one of its witnesses is belied by the record. Overview Appellant was convicted of first-degree murder, conspiracy to commit first-degree murder ...

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

Credible evidence supports the Virginia Workers’ Compensation Commission’s findings that claimant timely notified her employer about the accident, proved that the accident actually occurred, showed that her injury and medical treatment were linked to the accident and that she was ...

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

Where an initial Terry search of appellant revealed no contraband, police lacked justification to stop the vehicle in which appellant left the scene to subject him to another search. A statement from a person in appellant’s group who was arrested ...

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

Where appellant was found guilty as a principle in the second degree on four counts of uttering, there is sufficient evidence to sustain the convictions. Background Pierce raised suspicions when he attempted to cash a check at a credit union. ...

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

Although the young victim’s letter to her mother and drawings made during a forensic interview were hearsay, this evidence was correctly admitted at appellant’s trial for forceable sodomy and aggravated sexual battery. The evidence was properly admitted under the hearsay ...

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

Where the trial court held appellant strictly liable for failing to comply with a condition of her suspended sentence – to report to the county jail – and revoked her suspended sentence when the commonwealth alleged she never reported, we ...

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

Where wife had a vested interest in husband’s pension, which was discovered in his bankruptcy proceeding 10 years after the final divorce order, the circuit court correctly ordered him to make retroactive payments to wife from the time he began ...

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

The circuit court erred when it determined that it lacked subject matter jurisdiction over a county social services department’s petitions for permanency planning and parental rights termination of appellee’s two children. Background After an investigation, the Culpepper County Department of ...

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