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Tag Archives: Judge Robert J. Humphreys

CAV: Any relevant evidence may prove lascivious intent (access required)

No Virginia precedent sets forth specific types of evidence that must be proven to show lascivious intent in a sexual battery case. Such intent may be proven with any evidence that establishes such intent beyond a reasonable doubt. Background Four-year-old ...

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CAV: Continuance for counsel’s absence chargeable to defendant (access required)

A continuance ordered due to the hospitalization of defense counsel tolled the speedy trial deadline, because the reason for the delay was unanticipated and beyond the control of the Commonwealth. Background Appellee Calvin Craighead was indicted for two counts of ...

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CAV: Notice of injury can include later complications (access required)

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

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Bon Mots: April 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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Man’s witness tampering waives right to confront (access required)


Even though a domestic violence defendant did not prevent his alleged victim from coming to court, his use of emotional manipulation to silence her was enough to allow her out-of-court statements to be used to convict him, the Virginia Court ...

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CAV: Emotional manipulation forfeited right to confrontation (access required)

By repeatedly violating a no-contact order to guilt his partner into refusing to testify against him, a domestic-abuse defendant forfeited his Sixth Amendment right to exclude her testimonial hearsay statements to law enforcement. Background Appellant Kevin Cody and Rebekka Weingarten ...

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CAV: “Breaking” proven by accomplice opening door (access required)

The Commonwealth offered sufficient evidence to prove that the defendant broke into the victim’s house, offering testimony that the defendant recruited an accomplice to inveigle her way into the house and unlock the door. Background In the afternoon of August ...

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CAV: Claim not “new” when discoverable in prior action (access required)

Res judicata applied to claims that an injured worker discovered when she deposed her doctor after the Workers’ Comp ensation Commission’s denial of her initial claims. She had initially chosen not to depose him due to the cost, but this ...

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Va. Ct. App.: Bifurcated divorce decree was final (access required)

The court of appeals could review a divorce decree that the circuit court had bifurcated from ongoing litigation of spousal support, equitable distribution, and attorneys’ fees due to the 90-year-old husband’s failing health. Background After 54 years of marriage, Husband ...

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