The Court of Appeals affirms defendant’s bench trial convictions for robbery and conspiracy to commit robbery:  the record evidence supports finding defendant guilty as a principal in the second degree for his role waiting in the getaway car. Defendant and ...

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

A spine center that claims it was underpaid for treatment of an injured worker wins remand of this case, as the insurance carrier did not prove the treating physician who provided claimant’s care had waived the right to receive additional ...

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

The Court of Appeals affirms defendant’s conviction for grand larceny for stealing an iPod and camera from victim’s car; although the iPod was two years old and the camera a year old, the victim’s unrebutted valuation testimony establishes a value ...

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

The Court of Appeals reverses and remands father’s jury trial conviction for felony animal cruelty for shooting a 60-pound dog that threatened his wife and two-year old son; the trial court’s failure to instruct the jury on self defense and ...

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

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