A defendant identified by a 2005 DNA analysis as the perpetrator of a 1987 rape, during a home invasion by two men in which a woman was raped and her grandmother was beaten to death, can be convicted of the ...

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

The Court of Appeals remands for clarification the commission’s award of interest to employee; Va. Code § 65.1-1203(A)(2) requires that the commission must specifically order payment by the Uninsured Employer’s Fund, and the Fund is a subrogee not a successor ...

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

The Court of Appeals affirms a perjury conviction for a defendant for giving conflicting testimony on separate occasions as to the same matter under Va. Code § 18.2-435 following a bench trial in the Circuit Court of the County of ...

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

Allowing a firearms expert to testify about a BB gun may have been harmless error, but allowing the expert to testify on the ultimate issue in the case – whether defendant entered the bank while armed with a “deadly weapon” ...

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

All evidence indicated the firearm defendant possessed already had its serial number altered when he carried it into Brunswick County, and the Court of Appeals reverses defendant’s conviction for altering the firearm serial number in violation of Va. Code § ...

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

The Court of Appeals reverses a defendant’s conviction of felony child neglect in the death of his infant twin son who became ill and could not be saved by defendant’s efforts to perform CPR. In the light most favorable to ...

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

A defendant cannot overturn his weapons conviction under a Henrico County ordinance by arguing the conviction is void because there exists no Ordinance 22-2 incorporating the state statute on carrying a concealed weapon; the Court of Appeals says defendant did ...

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

The Court of Appeals criticizes husband’s unorganized appellate brief assigning 19 errors, many redundant or procedurally defaulted, but declines to award appellate fees finding some merit in husband’s argument to impute income from social security and increased IRA income, although ...

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

The Virginia Administrative Process Act, Article 3, does not apply to appellant’s wage claim against a construction company, and the Court of Appeals affirms a circuit court order dismissing appellant’s petition for appeal from the Virginia Department of Labor and ...

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

A husband lost his appeal saying a divorce court should have further reduced his spousal support payments, in an opinion released by the Court of Appeals of Virginia on Oct. 16. Husband Murray Wright argued that his ex-wife Nancy Wright ...

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