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 ...

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

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 ...

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

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 ...

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

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. ...

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

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. ...

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

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 ...

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

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, ...

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

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 ...

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

Where appellant was charged with grand larceny after a sign was removed from a building, there was sufficient evidence that he stole the sign. His grand larceny conviction is affirmed. The sign Appellant twice tried to buy a sign on ...

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

Where, during a search of appellant’s vehicle, he remarked to a police officer that the items in vehicle were his, this was sufficient evidence that he possessed the drugs found in the vehicle’s center console during the search. Background Police ...

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