Where the court declared a mistrial when evidence surfaced after the close of proofs at appellant’s jury trial that a witness lied on the stand, new indictments against defendant were correctly dismissed on double jeopardy grounds. There was no manifest ...

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

Where a circuit court ordered appellant to pay appellee’s attorney fees, which she incurred while responding to his appeal of a JDR court’s child support ruling, the obligation to pay those fees survives his withdrawal of his appeal. Overview A ...

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

The Court of Appeals of Virginia has affirmed the dismissal of a first-degree murder charge against a Portsmouth man based on a misguided mistrial ruling. The collapse of the case against Reginald Jordan Jr. stemmed from a trial judge’s 2019 ...

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

Where appellant was convicted of destroying public records when she made notations on several pages of the court clerk’s file on her divorce case, the trial court correctly ruled that the commonwealth did not have to prove appellant acted with ...

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

Where a police officer patrolling a college dormitory smelled marijuana coming from one of the rooms and covered the door’s peephole with his hand before knocking, this was not a Fourth Amendment search. The circuit court properly denied a motion ...

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

The trial court’s rulings and orders in connection with the parties’ final decree of divorce are, for the most part, affirmed. The court’s calculation of retroactive child support due from husband must be modified. The court considered spousal support, which ...

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

Where, at appellant’s trial for possessing a firearm after being convicted of a violent felony, defense counsel sought to strike two members from the jury pool after they indicated a belief that appellant would be more likely to possess a ...

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

Where appellant waited for “six or seven seconds” after the traffic signal for his lane turned green, this justified a police officer behind appellant’s vehicle to initiate a traffic stop for violating Code § 46.2-833 by failing to obey a ...

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

Where the circuit court overruled the juvenile and domestic court’s decision not to issue appellee a protective order, the JDR court’s decision was a final order for appeal purposes. As a result, appellant’s argument that the circuit court lacked jurisdiction ...

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

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