Although a credit card holder that appellant cared for gave appellant permission to use her credit card to buy the holder books and groceries, evidence of extensive purchases made for other goods and services was sufficient to convict appellant of ...

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

Where the circuit court conducted a divorce trial even though wife notified the court that she had a possible COVID-19 exposure and had a fever, the court abused its discretion by not granting her a continuance. Moreover, the lack of ...

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

Where appellant’s daughter testified against him at his rape trial via closed-circuit television, the technology provided satisfied the relevant statute’s requirement to provide him “contemporaneous communication” with his counsel. In the trial court Appellant Ruff was accused and convicted of ...

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

Where appellant was charged with the aggravated maliciously wounding of her estranged husband, the evidence does not support her theory that an unknown assailant shot him while she was speaking with him in front of his house. The trial court ...

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

Where appellant ran over his sister with her vehicle and fled the scene, exigent circumstances justified the police asking appellant’s cell phone carrier to provide real-time cell site location information (CSLI) about his phone without first obtaining a warrant. Hit ...

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

Where the circuit court found appellant neglected her twin daughters and approved plans for foster care placement with a goal of adoption, there were no procedural errors in the proceedings. Further, the record fully supports the court’s dispositional orders. Background ...

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

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