The Court of Appeals reverses a mother’s conviction of felony child endangerment based on her arrest for DUI when a breathalyzer test revealed a BAC of .097 percent after the vehicle she was driving with her toddler daughter in the ...

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

Although defendant tried to introduce FCC documents to raise a question about whether the iPhone he attempted to bring into the jail when he returned from work-release duty was a forbidden “cellular telephone,” the trial court did not err in ...

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

A provider who treated claimant for a 1995 knee injury starting in 2010, who was not an authorized physician on employer’s panel of providers but who was paid under the Longshore and Harbor Workers’ Compensation Act, is entitled to an ...

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

Appellants, including a commercial wa­terman, did not have standing to challenge a circuit court order upholding a decision of the Virginia Marine Resources Commission to grant oyster harvesting ground leases to two individual lessees in areas that previ­ously allowed public ...

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

A claimant who suffered a work-related back injury acted in good faith when, after treating with an authorized physician, she saw an unauthorized doctor who had treat­ed her before, including successful neck sur­gery, and who performed additional surgery to treat ...

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

A woman who drove a getaway car from a restaurant after her cousin shot a restau­rant security guard who got into an alter­cation with the woman when she would not present proof of age, cannot be convicted of accessory after ...

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

Although there was no direct evidence defendant had possession of a credit card taken from an apartment where defendant was hired to remove a washer and dryer, his girlfriend used the credit card several hours later at a Food Lion, ...

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

A divided Court of Appeals panel affirms suppression of a gun found in a vehicle after an officer standing outside the open passenger door said he saw “a possible weapon or gun in the vehicle”; the weapon was not discovered ...

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

A defendant who sold drugs to a confi­dential informant at a picnic table near a motel and within 1,000 feet of school property has her conviction under Va. Code § 18.255.2(A)(2) affirmed by the Court of Appeals; the picnic table ...

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

A defendant’s post-release period of probation had expired by operation of law before the trial court entered an order extending the probation period for defen­dant to pay restitution, and the Court of Appeals reverses the trial court decision that defendant ...

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