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 ...

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

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’ ...

Tagged with: Judge Rudolph Bumgardner III Virginia Court of Appeals Workers’ Comp

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 ...

Tagged with: Domestic Relations Judge Michael F. Devine Judge Rudolph Bumgardner III Virginia Court of Appeals News

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 ...

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

A defendant who stopped to talk to police as he rode his bicycle in a public housing complex, and who received a written ban from the officer based on complaints about defendant’s presence at the complex, and who then was ...

Tagged with: Judge Rudolph Bumgardner III Search & Seizure Virginia Court of Appeals

A defendant cannot overturn his burglary and grand larceny convictions by claiming the trial court did not have jurisdiction because the indictments were not read aloud and not properly recorded in the order book for the trial court; the Court ...

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

A defendant who threatened to shoot police who had been called to the residence for a domestic assault in progress, and who prevented his female roommate, who had a broken ankle and used a walker or crutches, from leaving the ...

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

Defendant’s telephone conversations recorded in jail planning with another man to pressure the woman whose wallet defendant allegedly stole from testifying against him supported his conviction for conspiracy to obstruct justice, the Court of Appeals holds. Defendant did not expressly ...

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

A defendant convicted of involuntary manslaughter in the death of a passenger in a single-car accident cannot win a new trial by claiming after-discovered evidence confirms his defense that another man was driving the car, or by asserting that the ...

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

A defendant arrested with more than 100 kilograms of marijuana he picked up from a warehouse can be convicted of possession with intent to distribute; the Court of Appeals upholds defendant’s conviction under Va. Code § 18.2-248(H)(4). On appeal, defendant ...

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