Where the circuit court entered a writ­ten conviction order after finding appel­lant guilty of grand larceny and possess­ing burglary tools, the court erred by later determining that he was entitled to a deferred disposition under Starrs v. Commonwealth, 287 Va. ...

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

There are two reasons why the circuit court erred when it found that appel­lant violated his probation by not paying restitution. First, the court revoked his suspended sentence for a conviction for which restitution was not ordered. Sec­ond, with respect ...

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

Where an infant child’s guardian ad li­tem petitioned to court to have the child declared a “child in need of services” (CHINS), the JDR court’s order transfer­ring custody of the child to the DSS was the final order in the ...

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

Appellant’s argument that a juror should have been struck for cause is not well-taken. Even though she indicated that appellant would not have been charged unless there was some evidence against him, she repeatedly stated that she needed to wait ...

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

Where police were told that the perpetrator of an alleged robbery could still be in his motel room, police were justified in making an entry without a warrant. Drug evidence in plain view was properly admitted at trial. Appellant’s conviction ...

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

Where the police stopped appellant’s vehicle after he used his turn signal and changed lanes before an intersection, crossing a solid white line on the road in the process, the police lacked reasonable suspicion of criminal activity or a traffic ...

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

Where building commissioner determined that a barn used for weddings and events was a “farm building” and thus not subject to inspection as a commercial building, appellants, who operate a nearby equestrian business, cannot challenge the decision under the Virginia ...

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

Where husband made a payment to wife that was not required by their child and spousal support agreement, the payment should have been credited against husband’s past-due spousal and child support payments. Background After wife filed for divorce, the parties ...

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

Appellant was not entitled to a self-defense instruction at his first-degree murder trial because there was no evidence of an overt act that presented an imminent danger to appellant when he shot the victim. Background Appellant Snipes and the victim, ...

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

Where appellant testified in his case-in-chief that he had sold drugs in the past but not on the day when police searched his home, he waived his earlier objection to testimony from a police investigator about a confident informant’s previous ...

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