Where the trial court awarded wife a lump sum spousal support award equal to the secured debt obligations encumbering the marital home, the award is upheld based on special circumstances and compelling need. Background When the parties separated, two of ...

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

Where police arrested appellant on a capias that was issued for criminal contempt, this was sufficient to establish that appellant had been charged with a criminal offense when he was arrested. As a result, his conviction for escaping a police ...

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

Where the Workers’ Compensation Commission ruled, in alternate holdings, that the employee’s submissions of medical bills for payment by her employer were timely under two different sections of the relevant statute and the employer only appealed one of the holdings, ...

Tagged with: Judge Clifford L. Athey Jr. Virginia Court of Appeals Workers' Compensation

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