Where appellant argues the trial court incorrectly denied his motion to reconsider his multiple convictions based on post-trial challenges to the court’s credibility determinations, the judgment is affirmed because the appellant had the information before the court entered its judgment. ...

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

There was sufficient evidence to conclude that appellant was the driver in this DUI case. Single-car crash Appellant Billups and White, her co-worker, were involved in a single car crash. May, who was waiting at a red light, saw the ...

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

Where claimant injured his hip when he ducked under a closing garage bay door and dragged his foot on an inclined portion of the floor, there was “a causal connection between the conditions under which the work was required to ...

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

Where appellant previously pleaded guilty to a felony hit and run and driving on a suspended license, a later “agreement” the parties proffered to the trial court is best understood as a sentencing recommendation rather than a modified plea agreement. ...

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

The circuit court correctly concluded that it lacked power to grant equitable relief despite appellant’s pleading that the separation agreement was unconscionable and procured by fraud. Background Stephanie Shobe filed for divorce after a 10-year marriage to Steve Gilman, the ...

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

Appellant’s argument that consensual sexual activity with another provides consent to be recorded while doing so is rejected. His conviction under the unlawful filming statute is affirmed. Overview Appellant Johnson made “many” secret recordings of his sexual activity with D.B. ...

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

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

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

There was sufficient evidence to show that appellant knew the white powder police found in two envelopes during a vehicle search was a controlled substance. The fact that he misidentified the powder as cocaine, when in fact it was methamphetamine, ...

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

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