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Tag Archives: Judge D. Arthur Kelsey

Search & Seizure – Auto Search – False Information Arrest (access required)

An officer’s search of a vehicle for identification after arresting defendant for providing false information about his identity did not violate defendant’s Fourth Amendment rights under Arizona v. Gant, and the Court of Appeals upholds defendant’s convictions on the false ...

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Criminal – City Ordinance – Disturbing The Peace – Standing (access required)

A Virginia Beach ordinance, City Code § 23-10, specifically covers the conduct for which defendant was arrested – challenging someone to a fight – and therefore, he does not have standing to challenge the ordinance as “unconstitutionally vague,” the Court ...

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Criminal – Grand Larceny – Hearsay Evidence – VIN Database Record (access required)

A trial court did not violate the hearsay rule by admitting vehicle VIN database information for the purpose of explaining a police officer’s actions when identifying and investigating a stolen car; nor did the trial court, as fact finder, convict ...

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Criminal – Forgery – Uttering – Postal Service – Light-Duty Form (access required)

A U.S. Postal Service employee who admitted he lied about falsifying a form intended for his physician to complete to support his request for light-duty work properly was convicted of forgery and uttering, the Court of Appeals says. Defendant’s convictions ...

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Traffic Offenses – Driving On Suspended License – Prior Offenses (access required)

Contrary to defendant’s assertion on appeal, the trial court did sua sponte reopen evidence to review defendant’s DMV transcript, which proved his prior offenses, and the Court of Appeals affirms defendant’s conviction of driving on a suspended license, third or ...

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Domestic Relations – Equitable Distribution – Spouses’ Age & Health (access required)

Although the divorce court considered the parties’ “relative ages and physical and mental condition,” including the 75-year-old husband’s Parkinson’s disease and life in an assisted living facility, and the 50-year-old wife’s federal employment, the court did made clear it was ...

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