Where the parties’ temporary agreement provided wife with lump sum and monthly payments, the trial court correctly refused to order husband to pay arrearages accrued under the agreement because wife waived her right to retroactive support in a consent order. ...

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

Where father’s child support payments were in arrears, he is not entitled to a credit for nonconforming support payments he made while the parties’ child was in his temporary custody. A credit can be awarded when the payor parent obtains ...

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

The trial court properly considered mitigating factors and appellant’s prior behavior when sentencing him for several drug crimes. Appellant “Travis asserts that the Pittsylvania County Circuit Court … abused its discretion when it sentenced him to eight years’ incarceration on ...

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

Even though appellant, in responding to a police request for a voluntary polygraph exam, said, “Can I speak to a lawyer about that?,” this was “a question ‘about’ counsel, rather than a request for counsel.” As a result, the trial ...

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

Sufficient circumstantial evidence support appellant’s conviction for grand larceny of a motor vehicle. Evidence Schafer argues that the trial court erred in convicting him of grand larceny because the evidence was insufficient to prove that he was the one who ...

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

A jury’s $350,000 verdict in a breach of contract case was upheld after the Court of Appeals of Virginia found no error in the trial court’s decision. On appeal, the plaintiff assigned error to the Virginia Beach Circuit Court’s entry ...

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

A jury’s $350,000 verdict for damages arising from appellant’s fraudulent conveyance of assets in this breach of contract case is upheld. The award was consistent with the jury instructions, to which appellant did not object. Overview The contract between Boyd, ...

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

The trial court correctly found that the commonwealth used due diligence to locate a trial witness and, because it was unable to do so, the preliminary hearing transcript was properly admitted into evidence. There was sufficient evidence to convict the ...

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

In this sex crimes case, the trial court correctly excluded testimony on the ground that it was not properly disclosed before trial, there was sufficient evidence to support the convictions and the jury was correctly instructed that they were entitled ...

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

A detective’s identification of appellant from a security video provided sufficient evidence that appellant was involved with a burglary, grand larceny, larceny of a firearm, conspiracy to commit burglary, and credit card theft. Inference “[S]ince we conclude below that White, ...

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