Where the parties agree that appellant was properly advised of his Miranda rights after the police stopped his vehicle on suspicion that he was selling drugs, the trial court correctly determined that he waived his right to remain silent “based ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant wife claims the trial court should have granted her a continuance and allowed her to introduce evidence concerning equitable distribution and determination of assets and debts, her acceptance of a settlement agreement that was incorporated into the divorce ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where the trial judge was unable to preside over the second day of appellant’s trial, and the record does not show that any less drastic alternatives to declaring a mistrial were explored, appellant’s convictions after a second trial must be ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where the parties have made multiple assignments of error regarding the court’s rulings on equitable distribution, valuation of property and calculating income for child support purposes, the trial court’s rulings are affirmed. Husband’s appeal Husband asserts the trial court’s apportionment ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

The state health commissioner properly denied a regional medical center’s application for a certificate of public need, which the center sought so it could provide open heart surgery and cardiac catherization services. Background The Chesapeake Regional Medical Center sought to ...

Tagged with: Administrative Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant was driving his girlfriend’s car and was stopped because of a defective fog light, a police officer lacked legal justification to search the vehicle without a warrant after appellant refused to consent to a search. A gun found ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant purchased a firearm while subject to a protective order, the return of service of the order was not testimonial and therefore not subject to the Sixth Amendment’s Confrontation Clause. As a result, appellant cannot challenge his misdemeanor conviction ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Judge Glen A. Huff Judge Robert J. Humphreys Virginia Court of Appeals

The judges of the Virginia Court of Appeals went in three different directions in analyzing when a document – a signed proof of service – can take the place of live testimony to prove violation of a criminal statute. At ...

Tagged with: Criminal Law Judge Clifford L. Athey Jr. Judge David W. Lannetti Judge Glen A. Huff Judge Robert J. Humphreys Virginia Court of Appeals

Where plaintiff injured his elbow when he slipped and fell while getting out of his vehicle, he was properly denied disability benefits because where his employer instructed him to park was not the only way to get to and from ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers’ Comp

Where claimant injured his foot when he stepped on an automotive fastener at work, the evidence supports a determination that treating the resulting chronic infections with broad spectrum antibiotics caused him to develop inflammatory bowel disease. An award of temporary ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers’ Comp