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Tag Archives: Judge Richard Y. AtLee Jr.

CAV: News article on prior trial not testimonial; admissible (access required)

At a defendant’s probation revocation hearing, the circuit court properly admitted information about the defendant’s most recent convictions as reported in a news article read by the prosecutor. The article was written to inform the public, not in anticipation of ...

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CAV: State worker had notice of benefit forfeiture (access required)

The Virginia Retirement System correctly held that a public employee forfeited credited service under the Workforce Transition Act when he resumed employment with the Commonwealth in a covered position. Background In 2009, after about 25 years of employment, Appellant Sundersingh ...

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CAV: Adoption affirmed, despite parents’ objection (access required)

A young child’s great aunt successfully petitioned to adopt the child, showing that the biological mother’s past violence, drug abuse, and mental health problems demonstrated that she withheld consent against the child’s best interests. Background Appellant Tina Tolley’s child was ...

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CAV: Employment agreement controlled care payments (access required)

Based on a broadly-worded employment agreement, an employer could unilaterally stop providing care payments for an injured employee based on a doctor’s assessment that the employee no longer needed such care. Background While working for Appellee Sonny’s Auto Racing, Appellant ...

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CAV: Financial statements admitted as party-adopted (access required)

The trial court properly admitted retirement account statements that were effectively adopted by the wife in a divorce proceeding, subsequently using the balances on those statements to determine equitable distribution. Background Diane Gaspa appeals an equitable distribution award, arguing that ...

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Evidence sufficient to support perjury convictions (access required)

The court of appeals upheld two perjury convictions arising from the defendant’s prior testimony explaining why he did not appear in court as required, finding that his acquittal for failure to appear did not preclude perjury charges. On February 6, ...

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“Safety-valve” compliance attempted too late (access required)

Appellant Terrance Kevin Hall, a convicted cocaine dealer attempting to invoke Virginia’s “safety-valve provision” to evade mandatory-minimum sentencing, did not timely provide information required to do so, the court ruled. Hall was convicted of three counts of distribution of cocaine ...

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