An opaque parking pass that measured three-by-five inches and hung from a rearview mirror justified a traffic stop on suspicion that the pass obstructed the driver’s view of the highway in violation of Va. Code § 46.2-1054; in a 6-5 ...

Tagged with: Judge D. Arthur Kelsey Search & Seizure Virginia Court of Appeals

The neighbor of a rural landowner loses her challenge to an after-the-fact permit granted to the owner to build an access bridge across a shallow mountain creek; the Court of Appeals affirms a circuit court decision upholding issuance of the ...

Tagged with: Administrative Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction of grand theft for stealing two laptop computers valued at $2,700 and $20 in cash from a vehicle parked at a shopping mall garage; defendant’s fingerprint was found on the small metal box ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals upholds a trial court decision affirming the state health commissioner’s issuance of a Certificate of Public Need authorizing Inova Health Care Services to relocate a medical radiation therapy service from its Fairfax hospital to its Fair ...

Tagged with: Administrative Judge D. Arthur Kelsey Virginia Court of Appeals

The Court of Appeals upholds an order rejecting on res judicata grounds the latest in a father’s series of attempts to set aside a 2006 child support arrearage, as well as the trial court’s order of sanctions for abuse of ...

Tagged with: Domestic Relations Judge D. Arthur Kelsey Virginia Court of Appeals

Appellant company is liable for serious safety violations by its roofers who were working on the roof of the Chrysler Museum in Norfolk near an open skylight without any fall-protection equipment; the presence of a job site supervisor who was ...

Tagged with: Administrative Judge D. Arthur Kelsey Virginia Court of Appeals

A police officer was not justified in stopping a car because of a 5-inch parking pass on the rear view mirror, the Court of Appeals of Virginia has ruled, reversing convictions of marijuana distribution and other drug offenses for a ...

Tagged with: Judge D. Arthur Kelsey Judge Robert J. Humphreys Judge W. Allan Sharrett

Although the occupant of a home had moved out of their “second home” so her husband could perform renovations, the home still satisfied the legal definition of a “dwelling house” and the Court of Appeals affirms defendant’s conviction for burglary ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

Ample documentation of defendant’s residence in an apartment where police found crack cocaine worth $30,000 as well as cash, a firearm and ammunition supported his conviction for possession of the items, the Court of Appeals holds. On appeal, defendant challenges ...

Tagged with: Criminal Judge D. Arthur Kelsey Virginia Court of Appeals

Although claimant presented medical review evidence to support his claim that the cellulitis he developed in his right knee was related to his extended shift working on his knees for an extended time, the Court of Appeals says the record ...

Tagged with: Judge D. Arthur Kelsey Virginia Court of Appeals Workers’ Comp