A defendant’s claim that the police lacked probable cause to search him was rejected because the search came after police found drugs in his vehicle, giving them a basis to make an arrest and search him incident to that arrest. ...

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

A claimant who was denied Medicaid coverage had her appeal dismissed because the attorney who appealed the decision was representing the claimant’s authorized representative, and not the claimant. Background Frances Lynch is a resident at Oakwood Health and Rehabilitation Center, ...

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 Unpublished Opinion Virginia Court of Appeals

Although the court rejected virtually all of the husband’s issues on appeal, the appeal was not a total loss for the husband because the court held he was not responsible for his wife’s attorney’s fees. The court relied on the ...

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

Where a defendant repeatedly purchased heroin from a single dealer and the dealer was aware of the defendant’s redistribution of the heroin and had an interest in keeping defendant as his customer, the defendant was properly convicted of a conspiracy ...

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

The commonwealth charged defendant with falsely making or embossing a fraudulent credit card. At trial, however, it demonstrated only the defendant tried to use a fraudulent card. The conviction was reversed because the commonwealth failed to prove the crime charged ...

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

After sniffing around doors and windows, officers concluded the strong odor of marijuana was coming from the defendant’s trailer. Though they obtained a warrant, the police had unlawfully entered the defendant’s property, leading to the overturning of his conviction. However, ...

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

A husband challenging the designation as wholly marital property a home that was retitled during the marriage failed to present evidence relating to value, equity and cost of repairs in order to determine the precise amount he separately contributed. Given ...

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

The record shows the trial court based its upward departure in sentencing a Maryland man who pleaded guilty to possession of heroin on the “heroin epidemic” and not on the defendant’s race or other impermissible considerations. The trial court, therefore, ...

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

Where a circuit judge conducted a de novo review of a health commissioner’s denial of a medical imaging facility’s bid to add CT services in Arlington County, the court committed error. Background Arlington Medical Imaging sought to add computed tomography ...

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

Where the parties’ agreements did not designate how closing costs from the sale of marital assets should be treated, the court did not err in allocating closing costs. Background Prior to marriage, the parties entered into a premarital agreement. Among ...

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