Criminal – Preliminary Hearing – Disorderly Conduct 
By Deborah Elkins
Published: August 11, 2008
A Smyth County Circuit Court dismisses charges against a defendant who was denied a preliminary hearing, relying on the decision appellate decision in Wright v. Commonwealth.
Defendant was arrested on certain felony and misdemeanor warrants stemming from an encounter with Saltville police on March 22, 2008.A preliminary hearing on the felonies was scheduled for June 19, [...]
Civil Procedure – GDC Dismissal – ‘Without Prejudice’ – No Final Order
By Deborah Elkins
Published: August 11, 2008
A general district court’s dismissal without prejudice of a plaintiff’s auto accident p.i. case was not a final, appealable order under Va. Code § 16.1-106 and a Fairfax Circuit Court strikes plaintiff’s notice of appeal.
Plaintiff argues the dismissal without prejudice in the general district court was in fact a final, appealable order, while defendant argues [...]
Employment – Contract – Noncompete – Government Contractor
By Deborah Elkins
Published: August 11, 2008
A Fairfax Circuit Court says a government contractor’s noncompetition and nonsolicitation clauses are unenforceable against a former employer because they do not specify what kind of “outside business activity” is considered competitive or what is considered a “predominantly similar” business.
Plaintiff ManTech International Corporation held a contract to provide NASA’s Goddard Space Flight Center with Environmental [...]
Real Estate – Contract – Fraud – Water Damage Concealment
By Deborah Elkins
Published: August 11, 2008
Home buyers who allege defendant sellers actively concealed water damage to the property also can sue defendant real estate agent; a Fairfax Circuit Court says the claims that the real estate agent fraudulently misrepresented communications in which the sellers denied water damage are not time-barred because buyers only discovered the agent’s alleged deception during discovery [...]
Contract – Race Car Lease – Unpaid Rent – Crash Damage
By Deborah Elkins
Published: August 11, 2008
A race car company wins damages for unpaid rent and crash damage to the Pro Formula BMW race car it rented to defendants for a summer 2007 racing series, and the Fairfax Circuit Court dismisses the lessees’ counterclaim alleging plaintiff company breached the lease by failing to provide a team for the driver.
The court finds [...]
Criminal – Second-Degree Murder – Infant Death – Mother’s Arrest – Brady Violation
By Deborah Elkins
Published: August 11, 2008
A Fairfax Circuit Court holds that under Brady v. Maryland, 373 U.S. 83 (1963), the commonwealth should have disclosed to defendant being tried for the murder of a 22-month-old boy, the circumstances of the arrest of the boy’s mother, the only other adult present on the scene at the time the child was injured, and [...]
Consumer Protection – VCPA – Attorney’s Fees
By Deborah Elkins
Published: August 11, 2008
On remand of this automobile purchase case from the Virginia Supreme Court for an award of attorney’s fees on appeal, a Prince William County Circuit Court awards plaintiff buyer attorney’s fees of $11,777.64, having reduced the fee request by 25 percent because attorney’s fees are not recoverable on plaintiff’s revocation of acceptance claim, but only [...]
Creditor’s Rights – Auto Installment Loan – Limitations – Divisible Contract
By Deborah Elkins
Published: August 11, 2008
A creditor on defendant’s car loan cannot sue for payments the buyer failed to make on her installment loan more than four years before the creditor filed suit, as a Fairfax Circuit Court holds that the creditor’s suit for additional payments is time-barred under the UCC, Va. Code § 8.2-725.
The sole issue before the court [...]
Search & Seizure – Consensual Encounter – Calling Drug Dog
By Deborah Elkins
Published: August 11, 2008
Police who initially saw defendant urinating near a car during the early morning hours at a known drug-dealing location in Virginia Beach violated defendant’s Fourth Amendment rights when, without a reasonable articulable suspicion, an officer told defendant he had called a drug dog to “run your car,” and the Court of Appeals reverses defendant’s marijuana [...]
Criminal – Robbery Conspiracy – Violence Or Intimidation
By Deborah Elkins
Published: August 11, 2008
An employee of a Dick’s sporting goods store cannot be convicted of robbery, because his coconspirator’s use of an air gun was not directed at the store employee who testified he stood 15 feet away during the feigned robbery, but the employee can be convicted of conspiracy to commit robbery, the Court of Appeals says, [...]
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