Chafin elected to Court of Appeals

Overwhelming Evidence Supports Revoking Parole

By Deborah Elkins
Published: May 3, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms the trial court order revoking suspension of defendant’s sentences for grand larceny and burglary: overwhelming evidence shows a continuing pattern of criminal activity that renders harmless the trial court’s alleged error in admitting statements about other burglaries in which defendant is a suspect. Defendant was convicted of grand larceny and [...]

Rehearing petition may work, says court

By Peter Vieth
Published: April 30, 2013
Tags: Bar Associations, Judge Teresa M. Chafin, Justice Cynthia D. Kinser, Justice Elizabeth A. McClanahan, Virginia State Bar

ABINGDON – If the Supreme Court of Virginia denies your client’s petition for appeal, take a serious look at a second try, members of the high court said at an April 26 “town hall meeting” on appellate practice. Chief Justice Cynthia D. Kinser, joined fellow Justice Elizabeth A. McClanahan and Court of Appeals Judge Teresa [...]

Father’s Arguments Procedurally Defaulted

By Deborah Elkins
Published: April 16, 2013
Tags: Domestic Relations, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms the trial court awarding primary physical custody of the parties’ two daughters to mother who lives in New York; father’s arguments about lack of a material change in circumstance and adverse effects on his relationship with daughters are procedurally defaulted; the trial court’s thorough best interests analysis considered his failure [...]

Restaurant Smoking Ban Applies to Hookah Lounge

By Deborah Elkins
Published: April 16, 2013
Tags: Administrative, Judge Teresa M. Chafin, Virginia Court of Appeals

A hookah lounge that features onsite smoking of flavored tobacco through a hookah, but also sells food and beverages, is subject to state regulation under the Virginia Indoor Clean Air Act, the Court of Appeals says. The Virginia Department of Health cited the restaurant for two noncritical violations of the VICAA: an individual was smoking [...]

Attempted Flight Negates Seizure

By Deborah Elkins
Published: March 12, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

Defendant is not entitled to suppress cocaine found as he was struggling with a police officer after fleeing, the Court of Appeals says; the totality of circumstances gave the officer reasonable suspicion to stop and defendant disregarded the officer’s authority in attempting to flee. One evening in January, a police officer encountered defendant in a [...]

Plain Smell and Altered Speech

By Deborah Elkins
Published: March 12, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

Defendant is not entitled to suppress phencyclidine (PCP) discovered in arresting him for possession and public intoxication, the Court of Appeals says; the arresting officer had probable cause not only from smelling PCP, he recognized defendant and the man with from previous encounters and observed defendant’s mumbling and very slurred speech differed from prior occasions. [...]

Juvenile’s Arguments Procedurally Defaulted

By Deborah Elkins
Published: March 12, 2013
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms the trial court terminating juvenile’s commitment to the Department of Juvenile Justice (DJJ), revoking nine years of his suspended adult sentence, and imposing one year of post-release supervision: juvenile has two felony convictions for causing bodily injury; his procedural objections are procedurally defaulted and he shows no miscarriage of justice—he [...]

Inmate Razor Blade Claim Not Credible

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

Although defendant prison inmate says the evidence did not show that he knowingly possessed a razor blade found beneath a sticker on his drinking cup, the Court of Appeals affirms his conviction under Va. Code § 53.1-203(4) for possession of an unauthorized weapon while a prisoner. The trial court was entitled to reject as not [...]

Focus turns now to unfilled judgeships

By Peter Vieth
Published: May 25, 2012
Tags: General Assembly, Gov. Bob McDonnell, Judge Teresa M. Chafin, Judgeships

As the dust settled from the 2012 General Assembly, the empty seat on Richmond’s general district bench was not the only funded judgeship left unfilled. While the House of Delegates’ vote to block the election of Richmond prosecutor Tracy Thorne-Begland to a judgeship made headlines around the country, there were other vacancies left unfilled and [...]