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Tag Archives: Judge Clifford L. Athey Jr.

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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Four interview for Supreme Court opening (access required)

Delegates and senators questioned four prospects for a September vacancy on the Supreme Court of Virginia this month, and other candidates could emerge as the General Assembly session continues. Two of the candidates interviewed Feb. 6 professed to being “strict ...

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