The trial court incorrectly suppressed evidence seized from appellant’s home during the execution of a search warrant because, after finding the warrant deficient, the court should have admitted the evidence under the good faith exception to the exclusionary rule. Overview ...

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

Where there was trial testimony that appellant “forcibly” shook a store’s front doors after business hours, “smirked” at the store manager when told the store was closed and was armed with a handgun, there was sufficient evidence of appellant’s attempted ...

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

A child witness, appellant’s daughter, was properly found competent to testify that appellant murdered his grandfather (the child’s great-grandfather). Appellant’s confrontation rights were not violated when the child’s statements to a forensic interviewer and the child’s foster parent were admitted ...

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

Where appellant, who operated a car sales company, told purchasers that he would provide clear titles to their vehicles and did not do so, these false representations were sufficient to support his convictions of obtaining money by false pretenses. The ...

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

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