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Tag Archives: Judge Clifford L. Athey Jr.

Acceptance of divorce agreement waived appeal (access required)

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 ...

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Equitable distribution and income rulings affirmed (access required)

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 ...

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Medical center was properly denied certificate of need (access required)

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 ...

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Protective order return of service not testimonial (access required)

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 ...

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Three directions: Court splits on confrontation challenge (access required)

(adistock/Deposit Photos)

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 ...

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Bowel disease compensable consequence of foot injury (access required)

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 ...

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