Although a Wal-Mart merchandising supervisor had never been disciplined on the job and self-reported her guilty plea to felony charges of welfare fraud, her criminal conduct outside work constituted workplace misconduct that bars her from receiving unemployment compensation, the Court ...

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

The Court of Appeals reverses and remands a divorce decree awarding wife a 40 percent interest in husband’s business; wife failed to prove any appreciation during marriage. Husband incorporated a building company in 1986 and married in 1993. Husband owned ...

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

Mother is not entitled to reversal of an order granting father primary physical custody of their three children residing with father in Japan, the Court of Appeals says; the circuit court considered all of the statutory factors and gave greater ...

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

A defendant cannot overturn revocation of a suspended sentenced with her argument that her own uncorroborated statement was the only proof she had violated conditions of her probation; the Court of Appeals affirms revocation and re-suspension of defendant’s previously suspended ...

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

Although a 17-year-old girl who was forcibly molested by the two defendants was understandably “agitated” and “upset,” even two years later when she testified at their trial, the commonwealth failed to establish the girl suffered a particularly “grave” mental injury, ...

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

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