There was sufficient evidence for the trial court to convict appellant of two hit-and-run accidents. Although both arose from the same incident, each accident had a separate causation and there “was a sufficient temporal interval between the two collisions.” Background ...

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

Where the trial court adopted the commonwealth’s interpretation of the applicable sentencing guidelines, there is no appealable issue because appellate review of sentencing guideline calculations is precluded by statute. At appellant’s sentencing for his plea-based conviction to a sex crime, ...

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

There was sufficient evidence for the trial court to convict appellant of two hit-and-run accidents. Although both arose from the same incident, each accident had a separate causation and there “was a sufficient temporal interval between the two collisions.” Background ...

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

Circumstantial evidence establishes that appellant had an agreement with another person to distribute cocaine. As a result, his conspiracy conviction is affirmed. Analysis “Appellant contends the evidence was insufficient to prove he conspired to distribute drugs. Specifically, he contends that ...

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

The trial court correctly refused to set aside appellant’s rape and firearm convictions based on the victim’s recantation of her trial testimony after determining the recantation was coerced. Further, there was sufficient evidence to support the convictions because inconsistencies in ...

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

Even assuming without deciding that it was error to admit evidence of a horizontal gaze nystagmus (HGN) test administered by the police officer who arrested appellant for drunk driving, any error was harmless given the other evidence of appellant’s guilt. ...

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

Appellant’s conviction for attempting to disarm a police officer is affirmed. The officer testified that appellant grabbed for her service pistol several times, Further, in viewing the evidence in a light most favorable to the commonwealth, appellant admitted to her ...

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

Where appellant had no possessory interest in the residence and lacked permission to be there when she and an accomplice “went to the residence, … kicked in the front door” and went inside, this was sufficient evidence to support her ...

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

Where appellant was tried for malicious wounding on a concert of action theory and some prospective jurors knew a co-defendant who was tried separately had been convicted, the trial court correctly refused to disqualify those jurors. “[T]his Court declines to ...

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

The doctrine of res judicata prevents this court from reviewing the Virginia Workers’ Compensation Commission’s fact findings in a matter where a final determination on the merits has been reached. Overview The city of Chesapeake employs the claimant as a ...

Tagged with: Judge Glen A. Huff Virginia Court of Appeals Workers' Compensation