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

Although evidence supported the divorce court’s finding that the parties knew when they signed their property settlement agreement that husband’s pension might terminate, evidence did not support findings that the couple considered either the impact of inflation or the likelihood ...

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

A circuit court did not abuse its discretion in looking to the best interest of the children and in awarding custody to the mother of four of the parties’ six children, the Court of Appeals says. The record in this ...

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

The State Building Code Technical Review Board’s interpretation of regulations to not require retrofitting a 35-year old condominium building with firestops is upheld as being within the board’s statutorily assigned area of specialized expertise; the Court of Appeals says the ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Robert J. Humphreys

Although defendant said he intended to redeem his girlfriend’s jewelry, which she valued at $25,000 and he pawned for quick cash to tide him over during a carpentry job, the Court of Appeals rejects defendant’s claim that he did not ...

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

A defendant who challenges a circuit court order that authorized the commonwealth to provide medication to defendant over her objection has procedurally defaulted her claims that the trial court erred in denying her a jury trial and in failing to ...

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