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 ...

Tagged with: Judge Glen A. Huff Judge Mary Grace O'Brien Judge Robert J. Humphreys Virginia Court of Appeals

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 ...

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

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 ...

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

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 ...

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

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 ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Domestic Relations Family Law Judge Robert J. Humphreys Virginia Court of Appeals

A “show-up” identification did not violate a robbery suspect’s rights when police presented him separately to the victims, did not encourage them to make a positive identification, and did not inform them that their stolen items were found on the ...

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

Witness testimony and ballistics evidence was sufficient to uphold a conviction for discharging a firearm in a public place, even though the actual weapon was never located, the court of appeals said. Witness James Goode was attempting to break up ...

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

A state trooper responding to a gruesome traffic accident could not prevail on a claim for purely psychological damages arising from “unfortunately frequent” occurrences in his line of work, the court of appeals held. On August 19, 2015, Virginia State ...

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

The court of appeals upheld the conviction of Appellant Matthew John Stickle, whose possession of child pornography was discovered through the use of a P2P file-sharing program tailored for law enforcement use. Lt. Scott Little, a district coordinator for the ...

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

On appeals from orders concerning spousal support orders, we find that the circuit court erred in imputing rental income to the wife from two residential properties held in trust for her and her brother’s benefit. At the time of trial ...

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