Where a defendant’s trial was scheduled to take place more than five months after his preliminary hearing, in violation of Virginia’s speedy trial requirements, the defendant was not entitled to a dismissal of the indictment because he failed to object ...

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

The court held that for a crime to be attempted, and thus for criminal liability to attach, the intended crime must be in progress to some extent. Background This appeal permits us to review and clarify our jurisprudence with respect ...

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

The conviction of a defendant who denied sexually assaulting his daughter and disputed other aspects of her testimony was affirmed because the defendant failed to cite any legal authority to support his argument that these discrepancies rendered the evidence insufficient ...

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

A defendant was properly convicted of strangulation where, in addition to being unable to breathe, the victim’s face and lips went numb and she suffered abrasions, pain and redness around her neck, but the defendant could not be convicted of ...

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

The court could not determine if the trial court erred in denying appellant’s motion to suppress his statements to police regarding the marijuana found in his backpack and his residence because he failed to include a transcript or an agreed ...

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

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

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

By remaining with the couple’s children in South Korea and refusing to return to the United States, the mother denied the father access to the children, a fact that was properly considered by the trial court in granting the father ...

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

In awarding benefits to a Washington Redskins’ player injured during the pre-season, the commission did not err in considering the amounts he earned during his short tenure before injury, instead of the amounts he would have earned if he made ...

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

The denial of benefits was upheld for an employee who was injured after he dozed off while driving home from a job site because he could not relate his drowsiness to working conditions and the resulting injury and accident. The ...

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

A defendant’s challenge to his enhanced sentence based on a prior drug conviction was rejected, as the court found that a plain reading of the law meant that any prior conviction under the statute triggered the enhanced punishment provisions. Background ...

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