Where the Virginia Workers’ Compensation Commission awarded claimant benefits after she filed an award agreement that was not signed by her employer’s representatives, the commission correctly vacated the award and denied claimant’s request to sanction the employer for not promptly ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers’ Comp

Where claimant injured his hip and suffered dog bite injuries while working for a swimming pool company, the evidence supports the Virginia Workers’ Compensation Commission’s conclusion that the hip injury resulted from the dog attack even though it did not ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers’ Comp

Where the claimant testified that no one told her that her doctor, in response to a query from claimant’s counsel, had cleared her for light, sedentary work, the Virginia Workers’ Compensation Commission correctly concluded that she had been entitled to ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers’ Comp

The Virginia Workers’ Compensation Commission correctly determined the average weekly wage of an injured hockey player by dividing his salary over a 52-week period rather than the number of weeks in the hockey season. The commission also correctly refused to ...

Tagged with: Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

The trial court should have granted appellant’s motion to suppress drugs found in his vehicle because he broke no law when he crossed a single, solid white line while changing lanes. Thus, there was no justification for the traffic stop. ...

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

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

Where appellant argues that the trial court incorrectly denied his motion to sever larceny charges from his other offenses, appellant’s assignment of error is procedurally defaulted because the motion was not properly made and argued in the circuit court. Background ...

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

Appellant’s convictions following his 2018 jury trial for a murder and robbery committed in 1988 are upheld. The circuit court’s evidentiary rulings, with one exception that was harmless error, were correct. Overview On Sept. 30, 1998, the day appellant Warnick ...

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

Where a potential juror revealed that her best friend had been shot and killed but despite this, she could listen to the evidence and the court’s instructions and give appellant a fair trial, the trial court properly denied a defense ...

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