Court Does ED of Farmette & House in Town 
By Deborah Elkins
Published: March 16, 2011
Tags: Domestic Relations, Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts
In the divorce of an emergency-room physician and his wife, who during the last five years of their 19-year marital partnership, sank hundreds of thousands of dollars into their Craig County farmette, building an equestrian center and raising horses and sheep, a Roanoke City Circuit Court divides the parties’ real and personal property and orders [...]
MS, job stress not ‘good cause’ to quit
By Deborah Elkins
Published: March 14, 2011
Tags: Judge Clifford R. Weckstein, Roanoke Circuit Court, Unemployment Comp, Virginia Circuit Courts
Although claimant made the “perfectly understandable decision,” as a single mother with no family in Virginia, suffering from MS, to return to Michigan where she had family and a support network, the Virginia Employment Commission committed no error of law in deciding claimant did not show good cause for her voluntary resignation, and a Roanoke [...]
Courts committees set process for filling judicial vacancies
By Alan Cooper
Published: March 11, 2011
Tags: General Assembly, Judge Clifford R. Weckstein, Judge Gary Hicks, Judgeships, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia News, Virginia State Bar
David B. Albo, chairman of the House Courts of Justice Committee, has asked the Virginia State Bar to vet additional candidates to fill two vacancies on the Supreme Court of Virginia. Karen A. Gould, executive director of the VSB, said the agency’s judicial nominating committee would attempt to do so, despite a schedule that would [...]
Roanoke’s no cell-phone policy defended by judges
By Peter Vieth
Published: March 7, 2011
Tags: Bar Associations, Judge Clifford R. Weckstein, Judge James R. Swanson, Judge Martin Clark Jr., Judge Robert P. Doherty Jr., Judge Samuel G. Wilson, Judge William D. Broadhurst, Roanoke Circuit Court
ROANOKE — Despite barrels of ink and megabytes of bandwidth devoted to the effect of new technology on attorneys and courts, the subject remains a hot topic whenever lawyers and judges get together. At a recent Roanoke bench-bar meeting, participants made it clear they still are getting used to the new no-cell-phone policy at local [...]
Medical Examiner Can’t Testify by Videoconference
By Deborah Elkins
Published: February 25, 2011
Tags: Criminal, Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts
A Roanoke City Circuit Court denies the commonwealth’s request to use two-way videoconferencing technology at defendant’s homicide trial to present testimony of the medical examiner who performed the autopsy; the court’s 10-page opinion surveys the legal framework for use of videoconferencing during a criminal trial. This is a homicide case. By pretrial motion, the commonwealth’s [...]
Search & Seizure – Invalid Warrant – Officer Affidavit – Trash Pull
By Deborah Elkins
Published: November 12, 2010
Tags: Judge Clifford R. Weckstein, Roanoke Circuit Court, Search & Seizure, Virginia Circuit Courts
A Roanoke City Circuit Court grants a motion to suppress, as the detective’s affidavit in support of the search warrant was arguably a “bare-bones” affidavit, that leaned heavily on the presence of baggies with cut-off corners found in defendant’s trash can the previous day. The detective’s affidavit stated that: 1) the detective found five to [...]
Civil Procedure – Pretrial Conference – Counsel Appearance
By Deborah Elkins
Published: August 16, 2010
Tags: Civil Procedure, Judge Clifford R. Weckstein, Richmond Circuit Court, Virginia Circuit Courts
When local counsel appears with counsel admitted pro hac vice, Supreme Court Rule 1A:4(2) requires local counsel to appear in person and participate in pretrial conferences, hearings, trials or other proceedings actually conducted before the tribunal, the Roanoke City Circuit Court says. In a different context, the Supreme Court of Virginia distinguished between “personally appear” [...]
Attorneys – Sanctions – Frivolous Suit – Disciplinary Hearing – Witness Immunity
By Deborah Elkins
Published: July 30, 2010
Tags: Attorneys, Judge Clifford R. Weckstein, Patrick County Circuit Court, Virginia Circuit Courts
A plaintiff veterinarian and his lawyer are sanctioned under Va. Code § 8.01-271.1 by a Patrick County Circuit Court for pursuing a frivolous lawsuit against defendants who appeared as witnesses in a disciplinary hearing against the veterinarian conducted by the Virginia Board of Veterinary Medicine. This suit was legally dead on arrival at the courthouse. [...]
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