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Tag Archives: Judge Rossie D. Alston Jr.

CAV: Attempted capital murder conviction upheld (access required)

A man who initiated a gun fight with a law enforcement officer, apparently while under the influence of alcohol and marijuana, unsuccessfully challenged the trial court’s evidentiary rulings and accepted jury instructions. Background David Frizzell appeals his convictions for attempted ...

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CAV: Teacher’s altercation with student was defensive, not a “threat” (access required)

A special education teacher who ended up in a brief physical altercation with a chronically disrespectful student was acting defensively only, which did not support a finding of child abuse or neglect. Background This case concerns an altercation between Appellee ...

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Alston nominated for federal seat of Judge Lee (access required)

Seal of the US District Court Eastern Dist VA Norfolk

Virginia Court of Appeals Judge Rossie D. Alston Jr. soon will be nominated officially by President Trump to succeed U.S. District Judge Gerald Bruce Lee on the Eastern District federal bench. Trump announced June 7 his intent to nominate a ...

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CAV: Hostage, stand-off threats supported obstruction (access required)

Ample evidence, including refusing officers’ commands and threatening them, supported defendant’s convictions for possession of a weapon by a violent felon and obstruction of justice. Background On August 21, 2016, officers responded to a “person with a weapon” dispatch. When Officer ...

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CAV: Husband’s unilateral sale was marital waste (access required)

Despite the divorcing parties’ substantial marital debt, Husband’s decision to sell their assets for less than their value – without obtaining wife’s approval – was contrary to an existing court order and constituted waste of marital assets for equitable distribution ...

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CAV: Father didn’t protect child from mother’s mental problems (access required)

The trial court didn’t err in terminating a father’s parental rights based in part on his responses to the child’s mother’s psychological problems, either abandoning the child with the mother during stressful moments or expecting the child to “get used ...

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CAV: Employee termination for unethical conduct upheld (access required)

A Department of Social Services employee who worked in secret for a Department contractor had adequate opportunities for notice and hearing in the proceedings leading to his termination. Background Appellant John Carpenter was employed as the Supplemental Nutrition Assistance Program ...

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