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Tag Archives: Judge Robert J. Humphreys

Man’s witness tampering waives right to confront (access required)

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Even though a domestic violence defendant did not prevent his alleged victim from coming to court, his use of emotional manipulation to silence her was enough to allow her out-of-court statements to be used to convict him, the Virginia Court ...

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CAV: Emotional manipulation forfeited right to confrontation (access required)

By repeatedly violating a no-contact order to guilt his partner into refusing to testify against him, a domestic-abuse defendant forfeited his Sixth Amendment right to exclude her testimonial hearsay statements to law enforcement. Background Appellant Kevin Cody and Rebekka Weingarten ...

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CAV: “Breaking” proven by accomplice opening door (access required)

The Commonwealth offered sufficient evidence to prove that the defendant broke into the victim’s house, offering testimony that the defendant recruited an accomplice to inveigle her way into the house and unlock the door. Background In the afternoon of August ...

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CAV: Claim not “new” when discoverable in prior action (access required)

Res judicata applied to claims that an injured worker discovered when she deposed her doctor after the Workers’ Comp ensation Commission’s denial of her initial claims. She had initially chosen not to depose him due to the cost, but this ...

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Va. Ct. App.: Bifurcated divorce decree was final (access required)

The court of appeals could review a divorce decree that the circuit court had bifurcated from ongoing litigation of spousal support, equitable distribution, and attorneys’ fees due to the 90-year-old husband’s failing health. Background After 54 years of marriage, Husband ...

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Trooper’s PTSD from accident scene not compensable (access required)

A state trooper responding to a gruesome traffic accident could not prevail on a claim for purely psychological damages arising from “unfortunately frequent” occurrences in his line of work, the court of appeals held. On August 19, 2015, Virginia State ...

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Police Use of File-Sharing Software Not an Unreasonable Search (access required)

The court of appeals upheld the conviction of Appellant Matthew John Stickle, whose possession of child pornography was discovered through the use of a P2P file-sharing program tailored for law enforcement use. Lt. Scott Little, a district coordinator for the ...

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