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 ...

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

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 ...

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

The trial court correctly refused appellant’s proffered jury instruction in this involuntary manslaughter case because it did not accurately state the law. Further, giving the proffered instruction, which stated that if the jury found the shooting was an accident, it ...

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

Where wife was presented with a property settlement agreement and accepted it without objection, the trial court properly incorporated it into the final decree of divorce. Agreement “[W]e impute to wife an intention corresponding to the reasonable meaning of her ...

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

Where the parties’ premarital agreement did not address the payment of marital debt during the marriage or up to the time of a divorce, wife cannot rely upon the agreement to insist that husband reimburse her for half of the ...

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

Where two experts in this parental rights termination case offered opinion testimony, appellant cannot attack the testimony on the basis that they used “unreliable, unscientific, and outmoded testing methods.” Further, there was clear and convincing evidence to support the circuit ...

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

In a fight among three brothers, in which two were stabbed and appellant was the only one armed with a knife, the trial court’s conviction of two counts of unlawful wounding is affirmed. Further, the trial court correctly rejected appellant’s ...

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

Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, ...

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

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 ...

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

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 ...

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