Judge Rudolph Bumgardner III

Dec 13, 2016

Suppression Hearing Testimony Used at Trial

Although a police officer said that he had “found something” in the car defen­dant was driving, defendant’s statement that it did not belong to him was not enough to overturn his conviction of mari­juana possession with intent to distribute third offense, says the Court of Appeals. Defendant later moved to vacate his conviction on the […]

Nov 29, 2016

Stalker Must Serve Suspended Sentences

A defendant who apparently contin­ued to send an ex-girlfriend anonymous text messages after he was released from jail for his 19 misdemeanor vio­lations of the protective order she had obtained against him, and who fright­ened her by twice following her to a 7-11 parking lot, is convicted of violat­ing the protective order and the terms […]

Jun 13, 2016

Demolition Defense Fails in Theft Case

The Court of Appeals affirms defendant’s convictions of grand larceny and felony pri­vate property destruction based on evidence that a real estate agent who came to a house to remove the “for sale” sign discovered de­fendant and another man inside the home, which had been forcibly entered and vandal­ized and had missing copper pipes and […]

Dec 16, 2015

Background Check Supports ‘Inevitable Discovery’

A split panel says a trial court did not err in applying the inevitable discovery doctrine to admit evidence of the drugs found on defendant’s person, and the Court of Appeals affirms defendant’s convictions of possession of cocaine and marijuana. Police officers on patrol at a motel detected the smell of marijuana coming from a […]

Dec 16, 2015

Four Booze Sales Leads to 12 Convictions

A defendant’s 12 convictions arising out of four separate sales of alcoholic beverages without a license did not constitute double jeopardy and violate Va. Code § 19.2-294, and the Court of Appeals affirms defendant’s convictions. On Feb. 7, Feb. 22, April 19 and June 17, 2013, defendant sold alcoholic beverages to undercover agents of the […]

Dec 10, 2015

Background Check Supports ‘Inevitable Discovery’

A split panel says a trial court did not err in applying the inevitable discovery doctrine to admit evidence of the drugs found on defendant’s person, and the Court of Appeals affirms defendant’s convictions of possession of cocaine and marijuana. Police officers on patrol on a motel detected the smell of marijuana coming from a […]

Dec 10, 2015

Four Booze Sales Leads to 12 Convictions

A defendant’s 12 convictions arising out of four separate sales of alcoholic beverages without a license did not constitute double jeopardy and violate Va. Code § 19.2-294, and the Court of Appeals affirms defendant’s convictions. On Feb. 7, Feb. 22, April 19 and June 17, 2013, defendant sold alcoholic beverages to undercover agents of the […]

Dec 10, 2015

P.O. Ordered for Dad’s ‘Parental Alienation’

The Court of Appeals upholds a protective order providing for supervised visitation, entered on a petition by the local social services department, based on sufficient evidence that appellant’s daughter was abused or neglected; the trial court found father used the child as “some chess piece in a game” during contentious divorce litigation, and that the […]

Dec 4, 2015

Shots Fired Supported Intent

Although no witness actually saw defendant shoot his gun at a law enforcement officer, the evidence showed that defendant, who was riding a horse in a wooded area, fired shots and a ricochet struck the officer in the leg, and the Court of Appeals affirms defendant’s convictions of attempted capital murder of a law enforcement […]

Dec 8, 2014

Brick Wall Not ‘Actual Risk’ for Guard

A security guard who fell backwards when she sat on a low brick wall at her workplace cannot show that her accident was causally related to any actual risk at her workplace, and the Court of Appeals reverses a workers’ comp award for claimant’s neck injury. Employer does not dispute that an accident occurred or […]

Nov 25, 2014

Wife in contempt for college fund withdrawals

A wife faces a contempt citation for violating a settlement agreement that required her to “retain” two college savings accounts for her children. She drained one account of over $81,000, prompting the husband to file a show cause petition asserting she violated their agreement. The wife then withdrew $10,000 from a second account with $42,029. […]

Nov 24, 2014

Contempt for Mom Who Drained College Account

A wife was in contempt of a couple’s property settlement agreement to each “retain” two of the four children’s § 529 college savings accounts, when she liquidated one account for over $80,000 and withdrew $10,000 from the second account; the Court of Appeals says the PSA was not ambiguous and wife violated the agreement. Wife […]

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