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

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