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

There was sufficient evidence to convict appellant of two counts of assault and battery of a police officer, assault and battery, and animal cruelty. Facts Appellant Blankenship arrived at Andrews’s home. Andrews and others were outside the house when he ...

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

Where the Virginia Department of Corrections discharged appellee corrections officer after determining she fraternized with a former prisoner, the circuit court incorrectly reversed the VDOC and awarded her $17,000 in attorney fees. Background Montgomery, the appellee, had worked as a ...

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

Where appellant was found guilty of being a violent felon in possession of a firearm, a police detective did not have to be qualified as an expert to testify about the gun. Background When Snelgrow, a police detective on uniformed ...

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

Even though photos of appellant were, according to the trial court, “practically useless,” a store clerk who observed him was able to verify his identity, and thus, there is sufficient evidence to sustain appellant’s convictions of statutory burglary, petit larceny ...

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

Appellant waived his hearsay challenge to having a police officer testify a second time regarding a recorded interrogation between the officer and appellant, facilitated by a police translator, where he did not object when the officer first testified, and, in ...

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

Where appellant did not appear for a hearing despite having timely notice of where and when to appear, the trial court correctly determined appellant’s absence was willful. His conviction for felony failure to appear is affirmed. Overview Appellant Partain was ...

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

The Virginia Maintenance Code requires appellant landlords to install a heating system in their rental property, and their failure to do so rendered the property unfit for habitation. The circuit court’s determination that the State Building Code Technical Review Board ...

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

Appellant’s convictions of animate object sexual penetration, aggravated sexual battery and custodial sexual abuse were not flawed by the admission of evidence that he had child pornography on his computer. Further, the court properly denied defense counsel’s motion to withdraw, ...

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

Where, as part of appellant’s probation, the court banned him from using the internet without his probation officer’s permission, we remand for resentencing so the court can state reasons that would justify a general ban or narrowly tailor use restrictions ...

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