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

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