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

Drug evidence in a mint container found in the vehicle appellant was driving will be suppressed. The police lacked probable cause to search the container and no exception to the Fourth Amendment’s warrant requirement applied. Overview Hudgens, a police officer, ...

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

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 ...

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

Where appellant ran from the scene of a fatal car crash, was escorted back by police officers and, while receiving treatment for his injuries, police initiated a DUI investigation of the crash, he was not in custody until an officer ...

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

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 ...

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

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 ...

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

Appellant’s 18 assignments of error in this appeal arising from the modification of a child support obligation are denied, as are two cross-assignments of error from the appellee. After considering the equities of this case, appellee is awarded $12,663 in ...

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

Appellant’s conviction for providing false identifying information to a police officer is upheld. Despite his argument that he had a consensual encounter with the police, he was “lawfully detained” within the statute’s meaning. Facts Police officers Poindexter and Dooley were ...

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

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 ...

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