Where appellant did not object to the trial court’s modification of her sentence and probation terms after a show cause hearing, she has waived her appeal of the court’s modification. Background The circuit court convicted appellant Green for uttering a ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where appellants’ sole expert offered contradictory opinions regarding appellee claimant’s current physical capabilities, the workers’ compensation commission correctly affirmed a staff attorney’s decision that there was no probable cause to put appellant’s hearing application on the hearing docket. Prior proceedings ...

Tagged with: Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers’ Comp

There was sufficient evidence to support appellant’s conviction of possession with intent to distribute an imitation controlled substance. Appellant did offer any evidence to show that he was entitled to a statutory exception that would have excused his conduct. Background ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Even though the trial court had in rem jurisdiction over husband to issue a divorce decree, it lacked in personam jurisdiction to enter a child support award. Wife’s argument that three different sections of Virginia’s long-arm statute provide personal jurisdiction ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Even assuming husband anticipatorily repudiated an agreement to arbitrate certain matters in this divorce case, wife did not accept the repudiation before husband “clearly revoked any repudiation.” The trial court erred by granting wife’s motion to be discharged from her ...

Tagged with: Contract Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where the court declared a mistrial when evidence surfaced after the close of proofs at appellant’s jury trial that a witness lied on the stand, new indictments against defendant were correctly dismissed on double jeopardy grounds. There was no manifest ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where a circuit court ordered appellant to pay appellee’s attorney fees, which she incurred while responding to his appeal of a JDR court’s child support ruling, the obligation to pay those fees survives his withdrawal of his appeal. Overview A ...

Tagged with: Civil Practice Judge Richard Y. AtLee Jr. Virginia Court of Appeals

The Court of Appeals of Virginia has affirmed the dismissal of a first-degree murder charge against a Portsmouth man based on a misguided mistrial ruling. The collapse of the case against Reginald Jordan Jr. stemmed from a trial judge’s 2019 ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where appellant was convicted of destroying public records when she made notations on several pages of the court clerk’s file on her divorce case, the trial court correctly ruled that the commonwealth did not have to prove appellant acted with ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where a police officer patrolling a college dormitory smelled marijuana coming from one of the rooms and covered the door’s peephole with his hand before knocking, this was not a Fourth Amendment search. The circuit court properly denied a motion ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals