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Tag Archives: Judge Clifford L. Athey Jr.

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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Property classified correctly in equitable division (access required)

The trial court correctly ruled that husband’s postseparation employment earnings were transmuted into marital property and properly classified a trading account as marital property. Background The parties were married in 2000. They separated and reconciled several times. The last separation ...

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Recalculation of money owed under amended PSA approved (access required)

Where this case was remanded to recalculate money due to appellant under an amended property settlement agreement, appellant’s failure to initially appeal the expert’s methodology made that methodology the law of the case. Appellant’s argument that the trial court must ...

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