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Tag Archives: Judge Clifford L. Athey Jr.

Protective order service return statements not testimonial (access required)

Where appellant was convicted of attempting to obtain a firearm while subject to a protective order, he had no right to confront and cross-examine the deputy who completed the certificate of service reflecting that appellant was personally served with an ...

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Record supports finding claimant could return to work (access required)

Where each of claimant’s treating physicians concluded that he could return to work, the workers’ compensation commission correctly terminated his open temporary total disability benefits award. Further, the commission correctly determined the employer was not liable for the costs of ...

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Incest conviction for sex with adult stepdaughter affirmed (access required)

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

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Manslaughter instruction not required at murder trial (access required)

Assuming, without deciding, that there was sufficient evidence to support a manslaughter instruction at appellant’s first-degree murder trial, any error in failing to given the requested instruction would be harmless. Because the jury returned a first-degree murder verdict, it never ...

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Hearsay evidence of victim’s violent nature inadmissible (access required)

Where appellant offered a self-defense claim to a second-degree murder charge, the trial court properly excluded portions of his police interview containing hearsay statements relating to the victim’s violent reputation. The court allowed appellant to present non-hearsay evidence to bolster ...

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Sufficient evidence to support larceny conviction (access required)

There was sufficient evidence that appellant intended to permanently deprive her boyfriend’s mother of jewelry when she took it from the home and pawned it. Appellant’s inconsistent explanations about the circumstances under which the jewelry was pawned negates the countervailing ...

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