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

The Virginia Workers’ Compensation Commission correctly denied the claimant’s application for temporary partial disability benefits because he presented no evidence that he adequately marketed his residual work capacity. Overview Ashby, the claimant, suffered a work-related injury while working for BWX ...

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

Where police searched appellant and discovered a gun, the trial court correctly suppressed it because the police had nothing more than a suspicion that he was carrying a concealed weapon. “There were no indicia of criminality perfected in this appeal ...

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

Where the evidence showed there was only one agreement between appellant and another to obtain money by false pretenses from three individuals, the circuit court erred by convicting appellant of three counts of conspiracy. A caselaw exception to the common-law ...

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

Appellant was not entitled to a claim-of-right jury instruction in connection with robbery charges because the money he sought to recover was the proceeds from drug sales. Background Appellant Pinedo (referred to as Pena) was convicted of first-degree felony murder, ...

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

After reviewing evidence developed by the circuit, we conclude petitioner is not entitled to a writ of actual innocence based on nonbiological evidence. Overview Petitioner Dennis was accused of attacking Harrison with a pipe and wounding him with a gun ...

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