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Tag Archives: Judge Rossie D. Alston Jr.

Benefits denied for safety rules violation (access required)

Where a Goodwill driver willfully violated his employer’s known safety rules, he is denied workers’ compensation benefits. Background Appellant was employed by Rappahannock Goodwill. On Oct. 10, 2016, appellant sustained injuries while unloading donated goods from a company truck. Appellant ...

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Use of cell phone site data in drug case was valid (access required)

Law enforcement officers who witnessed a drug transaction acted in good faith when they sought historical cell phone site location data based on the law at the time, and defendant’s conviction is affirmed. Background After Alexandria police detectives witnessed appellant ...

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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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