The Court of Appeals affirms defendant’s jury trial conviction for firearm possession by a violent felon based on circumstantial evidence surrounding a police officer’s discovery of a rifle after a masked man in camouflage clothing with defendant’s first name confronted ...

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

In three appeals briefed and argued together, the Court of Appeals reverses the trial court’s suppression of evidence of a marijuana growing operation; the record evidence is insufficient to show reckless police misconduct in procuring a search warrant for defendants’ ...

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

A public defender who represented defendant at his preliminary hearing could testify at defendant’s trial for aggravated malicious wounding about a prosecution witness’s earlier testimony, after the trial court ruled the witness was “unavailable because of his present lack of ...

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

On rehearing en banc, the Court of Appeals says claimant’s application for a change in condition after an initial “medical-only award” was not barred by the statute of limitations, but the court remands the case to the commission to determine ...

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

E-mails a man sent to his estranged wife and her family and friends with graphic accusations about wife’s sexual misconduct may not have been “pornographic,” but they were “obscene” and, on rehearing en banc in this first-impression case, the Court ...

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

At a robbery defendant’s probation revocation hearing, the trial court violated defendant’s due process right to confront the witnesses against him when it admitted a detective’s hearsay testimony concerning two other offenses, one which never resulted in charges against the ...

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

Although a treating physician for a claimant who gained over 70 pounds after her work-related back injury recommended a residential weight loss program, employer countered with an offer to pay for claimant’s participation in a local Weight Watchers program, and ...

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

Defendant is not entitled to reversal of his convictions for marijuana possession, conspiracy and contributing to the delinquency of a minor; the trial court properly admitted a Virginia State Police special agent’s testimony about defendant’s role in two similar drug ...

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

At defendant’s trial for the fatal shooting of a man with whom he had an earlier altercation, the trial court did not err in refusing to instruct the jury on excusable self-defense or in refusing an instruction on voluntary manslaughter, ...

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

Because a trial court erred in finding that brandishing is a lesser-included offense of use of a firearm in commission of a felony, the Court of Appeals reverses defendant’s conviction for that offense and vacates the judgment of conviction for ...

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