Where a statute gave a court discretion to award attorney’s fees and costs on behalf of any party, the court was not barred from awarding such fees to a party who was represented by legal services and, as such, did ...

Tagged with: Civil Practice Judge Rudolph Bumgardner III Virginia Court of Appeals

Where a defendant was charged with, among other things, sexual battery, the trial court was not required to strike jurors whose family members had experienced sexual abuse because there was no indication that the jurors could not remain impartial, and ...

Tagged with: Criminal Judge Rudolph Bumgardner III Virginia Court of Appeals

The circuit court did not err in modifying a husband’s spousal support obligation from about $7,800 to $4,800 based on his ability to pay, but it also properly declined to make the modification retroactive. Background Husband and Wife married in ...

Tagged with: Domestic Relations Family Law Judge Rudolph Bumgardner III Virginia Court of Appeals

A defendant’s constitutional right against double jeopardy was not violated by her convictions for both felony murder and felony hit-and-run. Background One morning in September 2014, a woman later identified as Defendant Sarah Flanders drove a red Dodge Durango onto ...

Tagged with: Constitutional Criminal Fifth Amendment Judge Rudolph Bumgardner III Virginia Court of Appeals

Two judges who vigorously advocated against a courthouse relocation referendum did not commit judicial misconduct, the Supreme Court of Virginia has ruled. The unanimous court dismissed judicial ethics charges against Senior Court of Appeals Judge Rudolph Bumgardner III and retired ...

Tagged with: Augusta County Circuit Court Judge Humes J. Franklin Jr. Judge Rudolph Bumgardner III Judicial Incident Review Council Supreme Court of Virginia

Although defendant, a 40-year-old specialty track coach, sent a 16-year-old student flirtatious and sexually explicit text messages, including a graphic description of a dream in which he and the student engaged in a variety of sexual acts, his text messages ...

Tagged with: Criminal Judge Rudolph Bumgardner III Unpublished Opinion Virginia Court of Appeals

The commission did not err in concluding employer was entitled to a credit of only $363.16 for overpayments made to claimant, a 51-year-old bakery manager at appellant wholesale club who received lifetime medical benefits. A divided commission held that employer ...

Tagged with: Judge Rudolph Bumgardner III Virginia Court of Appeals Workers' Compensation

A group of 23 former presidents of the Virginia Bar Association, as well as two civil liberties organizations, have come to the defense of two Virginia  judges accused of improper political activity. The former VBA presidents filed a friend of ...

Tagged with: Augusta County Circuit Court Judge Humes J. Franklin Jr. Judge Rudolph Bumgardner III Virginia Bar Association

A defendant can be convicted of petit larceny, third offense, where the prior larceny offense occurred before the current offense, even if the conviction post-dates the current offense, the Court of Appeals holds. Defendant admits she committed the current larceny ...

Tagged with: Criminal Judge Rudolph Bumgardner III Virginia Court of Appeals

The Court of Appeals affirms convictions of larceny of a firearm, larceny with intent to sell and selling a firearm to a felon, despite defendant’s claim of insufficient evidence. The trial court accepted the gun buyer’s testimony that he and ...

Tagged with: Criminal Judge Rudolph Bumgardner III Virginia Court of Appeals