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Tag Archives: Judge Clifford L. Athey Jr.

Experts properly testified in parental right case (access required)

Where two experts in this parental rights termination case offered opinion testimony, appellant cannot attack the testimony on the basis that they used “unreliable, unscientific, and outmoded testing methods.” Further, there was clear and convincing evidence to support the circuit ...

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Issue presented on appeal not raised in trial court (access required)

Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, ...

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Protective order service return statements not testimonial (access required)

Where appellant was convicted of attempting to obtain a firearm while subject to a protective order, he had no right to confront and cross-examine the deputy who completed the certificate of service reflecting that appellant was personally served with an ...

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Record supports finding claimant could return to work (access required)

Where each of claimant’s treating physicians concluded that he could return to work, the workers’ compensation commission correctly terminated his open temporary total disability benefits award. Further, the commission correctly determined the employer was not liable for the costs of ...

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Incest conviction for sex with adult stepdaughter affirmed (access required)

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

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