Where appellant was found guilty of possession of ammunition by a convicted felon, assault and battery of a family or household member, strangulation, and possession of a firearm by a convicted felon, sufficient evidence supports the convictions. Strangulation Appellant “Fate ...

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

The record of a 911 call was properly admitted into evidence based on live testimony from the document’s custodian. Under Code § 8.01-390, providing a certificate of authenticity is not the exclusive means to authenticate 911 calls. Introduction Watson, appellant ...

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

Where a police detective stopped appellant for driving with his high beams on and searched his vehicle after smelling marijuana, a law enacted more than a year later that banned searches based solely on smelling marijuana cannot be retroactively applied ...

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

Where appellant was denied post-conviction bail after being convicted of aggravated sexual battery of a victim under 13 years old, this was not an abuse of discretion even though he had been on pre-trial release for two years. Appellant Wiggins ...

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

Where a medical care provider and a city’s workers’ compensation claims administrator contracted to limit the provider’s fees, this limitation applied to all of the provider’s billed services. The provider’s argument that the limitation does not apply in this case ...

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

Appellant’s conviction for burglary is affirmed because there was sufficient evidence that he was the perpetrator. Grab and go Stroud was in a home she shared with several others. Boyles was outside cutting the lawn. Stroud’s 4-year-old child came from ...

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

There was sufficient circumstantial evidence that appellant, and not someone else, committed the crimes that form the basis of his convictions. Sufficient evidence “Frink was convicted of seven offenses: wearing a mask in public, two counts of use of a ...

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

Where the appellant was convicted of aggravated sexual battery, there was sufficient evidence of his criminal intent. Moreover, the trial court did not abuse its discretion by crediting the complaining witness’s testimony. Overview E.Z., the 11-year-old complaining witness, claimed that ...

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

There was no evidentiary error at appellant’s trial, where he was convicted of three counts of forgery of a public document, three counts of uttering a forged public record, identity theft, and falsely identifying himself to the police. Background Officer ...

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

Where a hearing officer upheld the Virginia Department of Corrections’ decision to fire an employee because he did not report an alleged relationship between a supervisor and a subordinate, the circuit court lacked the authority to reverse the hearing officer’s ...

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