Where the circuit court extended a two-year protective order for an additional two years, it used the correct standard to extend the order. “The plain language of Code § 19.2-152.10(B) indicates that so long as the court finds, by a ...

Tagged with: Civil Practice Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted of seven counts of attempted malicious wounding after he rammed another watercraft with his boat, there was sufficient evidence that he specifically intended to maliciously wound the other boat’s occupants. Two cases dealing with defendants’ alleged ...

Tagged with: Criminal Judge Daniel E. Ortiz Judge Doris Henderson Causey Judge Robert J. Humphreys Virginia Court of Appeals

There is sufficient evidence that appellant’s victim lied under oath concerning an assault and that appellant induced her to do so. “Appellant Harper appeals his conviction of inducing false testimony on the basis that there is insufficient evidence that K.M., ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where the trial court ordered appellant not to contact the victim as a special condition of his suspended sentence, the court properly imposed an active sentence after appellant violated the no-contact order. “Appellant argued that by contacting the victim, he ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

A copy of the testator’s will, which disinherited her sons, was properly admitted to probate. The estate’s executor successfully rebutted the presumption that the missing original “was revoked by clear and convincing evidence.” Overview After Lynch-Carbaugh died, Kenney, the estate’s ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Wills & Trusts

Where Fields, a prospective juror at appellant’s DUI trial, had been twice convicted for felony DUI, he was properly struck for cause. Fields’s “two felony convictions coupled with the lack of clear evidence that his rights had been subsequently restored ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted after a bench trial of the attempted first-degree murder of his girlfriend, destruction of property and several firearm offenses, appellant’s text messages to the girlfriend after he shot at her were properly authenticated and could be ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted of possessing a controlled substance, there is sufficient evidence that he knew that the bottom of a soda can contained heroin residue. Knowledge “Lane relies on his testimony that Culpepper gave him a ‘clear baggy’ and ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

The trial court correctly granted the prosecution’s motion in limine at appellant’s murder trial to exclude any mention of his civil suit against the police on the grounds that “evidence of the suit was irrelevant, would be unduly prejudicial, and ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

Where a police detective pursuing appellant saw him throw a bag from his car window, there was sufficient evidence that he possessed the marijuana found the bag by a police officer who was assisting in the chase. Background Strano, a ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals