The City of Virginia Beach, which intended to perform dredging in the Lynnhaven River as a matter of public interest, could not do so in an area where a citizen had obtained a riparian lease for oysters. The City claimed ...

Tagged with: Administrative Judge Richard Y. AtLee Jr. Municipal Real Property Virginia Court of Appeals

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 ...

Tagged with: Constitutional Evidence Judge Richard Y. AtLee Jr. Sentencing Virginia Court of Appeals

Even though a wife admitted that she committed pre-separation adultery, she is entitled to spousal support, the Virginia Court of Appeals has ruled. The relative economic circumstances and respective degrees of fault would make it a “manifest injustice” to deny ...

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

The circuit court did not err in finding that, in light of both parties’ respective contributions to the breakdown of their marriage and the wife’s substantially lower economic prospects, an award of spousal support to her was warranted despite her ...

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

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 ...

Tagged with: Administrative Employment Employment Law Judge Richard Y. AtLee Jr. Virginia Court of Appeals

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 ...

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

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 ...

Tagged with: Administrative Contract Employment Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers' Compensation

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 ...

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

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, ...

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 Unpublished Opinion Virginia Court of Appeals

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 ...

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