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

Where the claimant, a limousine driver who was on his way to his employer’s office in a company vehicle, failed to explain what caused his low-speed, single-vehicle collision with a guard rail, the Workers’ Compensation Commission correctly denied his claim ...

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

Even though appellant completed a registered nursing program in Korea and was a licensed practical nurse in New York, she is not entitled to be licensed as a practical nurse in Virginia because the relevant statute requires completion of an ...

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

Even though appellant was transferred from a county jail to the Department of Corrections despite the circuit court’s order prohibiting the transfer while his motion to reconsider his sentence was pending, the court lost jurisdiction to hear the motion once ...

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

In a single bench trial of two separate assaults, the circuit court judge’s failure to sever the charges was harmless error under the facts of this case. Facts Appellant Cousett was charged with raping T.H. in her apartment, and assaulting ...

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

The trial court correctly imposed, as a condition of appellant’s suspended sentence for drunken driving, a 10-year ban on operating a motor vehicle even if he was eligible for a driver’s license. Appellant Garibaldi argues “that ‘[t]he [circuit] court erred ...

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

Where appellant shot and killed a man sitting on a railing outside of a grocery store, the trial court correctly concluded there was insufficient evidence that the man committed an overt act that would justify a self-defense claim. Appellant’s first-degree ...

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

Where appellant was convicted of drug offenses and firearm charges, his prior criminal history was properly authenticated with court orders from prior cases. The trial court correctly rejected his argument that the orders were inadmissible because they contained electronic signatures ...

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

Where defendant raises a jurisdictional challenge on appeal to his credit card theft convictions, his convictions are affirmed. His argument is based on a case dealing with venue in credit card theft cases, and the case was legislatively overruled when ...

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