Criminal – Speedy Trial – Constitution – Alien Detention 
By Deborah Elkins
Published: April 21, 2008
A Honduran native arrested for assault outside a Springfield restaurant, who was subject to a civil detainer filed by U.S. Immigration and Customs Enforcement and in ICE custody from September 2005 until April 2006, when he was deported, and who illegally reentered the U.S. in August 2006, has not demonstrated a violation of a federal [...]
Criminal – Indictment – Res Judicata
By Deborah Elkins
Published: April 21, 2008
Although the doctrine of res judicata can apply in the criminal context to bar a subsequent action, it does not bar prosecution of this defendant for false pretenses.
The principle of res judicata requires that the actions be identical and here, the false pretense charge brought in this case is not identical to the earlier forgery [...]
Contract – Employment – Arbitration – Signatures
By Deborah Elkins
Published: April 21, 2008
Although the company that hired plaintiff as a vice president only signed the last page attached to plaintiff’s employment agreement, an “Option Grant Notice,” and did not sign the intended signature page, which plaintiff signed, the parties’ conduct indicated both sides intended to be bound by the agreement, including its arbitration clause, and the circuit [...]
Administrative – Assisted Living Home – License Application – Appeal – Nonsuit
By Deborah Elkins
Published: April 21, 2008
A license applicant who appealed denial of a license to operate an assisted living facility by defendant Social Services Department, and who filed suit against DSS and then nonsuited that action, cannot refile suit because the tolling provision of Va. Code § 8.01-229(E)(3) does not apply to this administrative proceeding under the Virginia Administrative Process [...]
Civil Procedure – Personal Jurisdiction – Minimum Contacts
By Deborah Elkins
Published: April 21, 2008
A Virginia professional corporation that provides radiologist services, located in Fairfax, can sue defendant, Open MRI & CT White Marsh LLC, for an alleged breach of a professional services agreement to provide MRIs and CTs to be read by plaintiff’s radiologists.
Under the terms of the agreement, defendant would send all MRIs and CTs to plaintiff [...]
Domestic Relations – Foreign Divorce – PSA Amendment
By Deborah Elkins
Published: April 21, 2008
A circuit court grants a wife’s plea in bar to prevent husband from seeking enforcement of an Oct. 29, 2003 consent order entered by the Fairfax County Circuit Court to amend a 2002 property settlement agreement entered into pursuant to the parties’ New Jersey divorce.
A review of the timeline in this case is essential to [...]
Criminal – Drug Possession – Double Jeopardy – Three Counts Or One
By Deborah Elkins
Published: April 21, 2008
A defendant discovered with hydrocodone, oxycodone and cash in his right pants pocket, Endocet and cash in his left pants pocket, and liquid oxycodone in his garage, about 15-20 feet from the porch where defendant was standing, should only have been prosecuted for one count of oxycodone possession, not three counts.
Defendant first argued that the [...]
Criminal – Drug Distribution – Immunity – Prosecution Witness
By Deborah Elkins
Published: April 21, 2008
The Court of Appeal affirms defendant’s conviction of possession with intent to distribute more than five pounds of marijuana, despite defendant’s claim that he was immune from prosecution because of his testimony for the prosecution against his codefendant at the codefendant’s preliminary hearing.
Defendant contends that he acquired transactional immunity to both charges by virtue of [...]
Employment – University Employee – Termination – Sexual Harassment
By Deborah Elkins
Published: April 21, 2008
A Virginia Tech employee who managed the university mail system should not have been fired after 29 years for one incident of alleged “sexual harassment,” in which he asked a female student, whom he did not supervise, to pose in a bathing suit or “short shorts” for a fund-raising calendar for a youth boxing club [...]
Traffic Offenses – DUI – Third Offense – Prior Conviction – Unsigned Order
By Deborah Elkins
Published: April 21, 2008
A driver’s conviction of DUI, third offense, is affirmed, despite his claim that the commonwealth could not use an unsigned order of conviction from a general district court to prove one of his prior DUI convictions.
We reject defendant’s argument that the Alexandria GDC record was inadmissible. Pursuant to Va. Code § 8.01-389(A), the records of [...]
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