Where appellant argues the Virginia Employment Commission wrongful denied him unemployment benefits after erroneously concluding that he was discharged for misconduct, the merits of most of his 30 assignments of error cannot be reached either because he has not adequately ...

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

Where appellants shifted their live classroom driver education courses to online live videoconferencing, they did not need approval from the Department of Motor Vehicles. The circuit court’s $1,000 civil fine is reversed. Introduction Appellants, I Drive Smart Too, Inc. and ...

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

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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

The Virginia Workers’ Compensation Commission incorrectly ruled that the claimant could not seek reimbursement of unpaid bills that had been written off by a medical care provider “because the amounts sought were neither paid by, nor charged to, [the claimant].” ...

Tagged with: Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers’ Comp

Where appellant was convicted of possession of a firearm by a convicted violent felon and carrying a concealed weapon, the police did not violate the Fourth Amendment when they approached his vehicle, which was parked in the middle of the ...

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

Where appellant refused his passenger’s request for medical treatment, this was sufficient evidence for a felony hit-and-run conviction. The relevant statute provides that the duty to render reasonable assistance is triggered if it is “apparent that medical treatment is necessary” ...

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

There was sufficient evidence to show that the appellant constructively possessed drugs found in her purse, which was found on the floor of her car. Appellant Odell appeals her convictions for possessing LSD and possession with intent to distribute. As ...

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

Appellant’s felony hit-and-run conviction is affirmed because there was sufficient evidence that he knew or should have known the accident involved a personal injury. Further, there was sufficient evidence that he willfully failed to appear for a court date. Overview ...

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

A witness’s violation of the court’s sequestration order was not grounds for a mistrial because defendant was not prejudiced. Background Appellant Smith ate dinner with Laquita Ball and her son, 18-year-old Karon, and J.B., her minor daughter. After dinner, the ...

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

The trial court properly refused to let appellant impeach a prosecution witness because the testimony would have been improper propensity evidence under Virginia Rule of Evidence 2:413. Further, appellant could not attack the witness’s credibility under Rule 2:607(a). Overview Appellant ...

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