There was no evidentiary error at appellant’s trial, where he was convicted of three counts of forgery of a public document, three counts of uttering a forged public record, identity theft, and falsely identifying himself to the police. Background Officer ...

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

Where a hearing officer upheld the Virginia Department of Corrections’ decision to fire an employee because he did not report an alleged relationship between a supervisor and a subordinate, the circuit court lacked the authority to reverse the hearing officer’s ...

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

There was sufficient evidence to convict appellant of possession of a firearm by a violent felon. Legal standards “While mere proximity to the firearm, standing alone, is insufficient to convict, ‘it is a circumstance probative of possession and may be ...

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

Appellant has defaulted his claim that the trial court erred by convicting him of multiple counts of possessing child pornography after relying on his videotaped interview with an investigator. Although the recording was played at appellant’s bench trial, it was ...

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

Where appellant was convicted of two counts of shoplifting by altering price tags, one conviction is affirmed because appellant waived his appeal by not first raising his argument in the trial court. The other conviction, however, is reversed because there ...

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

Even if appellant showed a good-faith basis for both entering into and withdrawing his plea, he has not shown that there is a reasonable defense to the charges. Plea and withdrawal Appellant Cecil agreed in writing to plead guilty to ...

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

Where appellant was convicted under a local ordinance of driving under the influence, the locality, and not the commonwealth, is the proper party on appeal. As a result, there is no jurisdiction over this appeal. County conviction The Henrico County ...

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

Where appellant was convicted of possessing a firearm under the age of 29 after having been convicted of a delinquent act that would be a felony if committed by an adult, the evidence supports the trial court’s finding that appellant’s ...

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

There was sufficient evidence that appellant constructively possessed a firearm found the car he was driving. His conviction of being a violent felon and possessing a firearm is affirmed. Legal standard “Possession can be actual or constructive. … Under either ...

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

Where a city attorney prosecuted appellant, who was convicted of driving on a suspended license, and appellant named the commonwealth instead of the city as the appellee, the city can amend the style of the case to reflect the proper ...

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