An employer’s application for a hearing to suspend or end the claimant’s disability benefits was correctly denied because the supporting documentation “did not set out facts that, if believed, would justify” a hearing. Background After Penn, the claimant, injured his ...

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

Where the trial court determined that the parties’ prenuptial agreement was enforceable under the Premarital Agreement Act, the evidence supports the court’s findings that husband made a fair disclosure of assets and that wife was not coerced into signing the ...

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

Where the Virginia Department of Labor and Industry charged a manufacturer with a safety violation after parts on a forklift hit a worker’s face, the circuit court incorrectly granted the manufacturer’s motion to strike. The matter is remanded for further ...

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

The Virginia State Police lack discretion to remove names and information from the Sex Offender and Crimes Against Minors Registry. There is a statutory petition procedure to accomplish removal. As a result, appellant may not seek removal of her name ...

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

Where the trial court ruled that a deputy illegally searched a house and its curtilage but denied appellant’s motion to suppress because deputies relied on a warrant to seize evidence under the exclusionary rule’s good-faith exception, we affirm the result ...

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

Widespread news reports about appellant driving into a crowd of protestors were, standing alone, an insufficient reason to grant his motion to change venue. Further, the trial court properly allowed the prosecution to introduce a meme appellant sent to a ...

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

Where the DMV declared appellee a habitual offender, charges for both driving while a habitual offender and driving with a revoked license are not the same offenses for double jeopardy purposes. Further, the legislature did not intend to prohibit separate ...

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

A Richmond circuit judge should not have tossed out a father’s appeal of a child custody ruling just because the father shared a confidential psychological report with his new wife, the Court of Appeals of Virginia has ruled. The trial ...

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

Where a father disclosed a sealed report to the children’s stepmother concerning a court-ordered independent psychological evaluation, the court erred by dismissing his de novo appeal of the J&RD court’s custody award to mother. Dismissal was an “unduly severe sanction” ...

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

Where the evidence showed that an employee driving to a work assignment faced no greater risk than others on the highway, the Virginia Workers’ Compensation Commission properly concluded that his injuries and eventual death resulting from a head-on crash did ...

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