Pardon by Kaine leads to deportation delay 
By News in Brief
Published: August 18, 2008
A Newport News woman who faced deportation Thursday for a decade-old crime has received a one-year extension a day after being pardoned by Gov. Timothy M. Kaine.
Kathryn Anne Ingleson, 31, found out Wednesday that U.S. Immigration and Customs Enforcement officials had granted a request to postpone her deportation, her attorney said. Earlier Wednesday, a Newport [...]
Fraud evidence allowed in federal murder trial
By News in Brief
Published: August 18, 2008
Prosecutors can use evidence of a decades-long series of frauds in their case against a Maryland woman accused of swindling and murdering a widower, the 4th U.S. Circuit Court of Appeals ruled last week.
A 4th Circuit panel said in a 2-1 decision that the evidence is relevant to the government’s claim that Nancy Jean Siegel [...]
Judge rejects challenge to Accomack assessments
By News in Brief
Published: August 18, 2008
An Accomack County judge has rejected a challenge to real estate assessments in the county brought under a seldom-used law.
Virginia Code § 58.1-3003 requires a commonwealth’s attorney to appeal “an order for the imposition of taxes” by a local governing body if he receives a petition signed by one percent of the voters in a [...]
Consumer Protection – Lottery Proceeds – Loan Collateral
By Deborah Elkins
Published: August 18, 2008
On remand from the Supreme Court of Virginia, a Fairfax Circuit Court applies Utah law to construe a loan agreement in which a Virginia State Lottery winner pledged her winnings as collateral for a loan, and because Utah does not recognize an affirmative defense of usury and had a default rate of prejudgment interest [...]
Domestic Relations – Fraud On Court – Divorce Decree Vacatur
By Deborah Elkins
Published: August 18, 2008
A Fairfax Circuit Court vacates a final divorce decree because wife falsely attested to the court that she could not locate defendant husband despite her diligence in attempting to locate him, when in fact wife routinely communicated with husband while the divorce action was pending.
Wife testified she never formally attempted to serve husband with the [...]
Domestic Relations – Cruelty – Equitable Distribution – Family Dog
By Deborah Elkins
Published: August 18, 2008
Although wife alleges multiple acts of domestic violence by husband, she had corroborating evidence for only one incident in 2006, and the Fairfax Circuit Court declines to award a divorce on the ground of cruelty based on the single incident.
Here, the evidence established that wife only sustained minor injuries from the Feb. 2, 2006 assault. [...]
Administrative – School District Boundaries – Judicial Review
By Deborah Elkins
Published: August 18, 2008
Even assuming petitioners have standing to challenge defendant Fairfax County School Board’s school boundary adjustment decision for five schools, the Fairfax Circuit Court dismisses the petition because petitioners have now shown that the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion under Va. Code § 22.1-87.
Petition for review denied.
Pascale v. [...]
Employment – Teacher – County Grievance Procedure – Conditional Rehire
By Deborah Elkins
Published: August 18, 2008
A Fairfax Circuit Court holds that a county school teacher can use the grievance procedures for board of education employees under 8 VAC 20-90-10 to challenge her conditional reappointment as a result of a performance evaluation.
The question for the court is whether the county teacher has the right to grieve the substance of a performance [...]
Contract – Government Contract – Subcontractor Claim – Arbitration
By Deborah Elkins
Published: August 18, 2008
In a case of first impression under Virginia law, a Fairfax Circuit Court grants the motion of defendant non-signatories to a government subcontract to compel arbitration of the 17-count law suit filed by plaintiff subcontractor who alleges it did not receive pass-through payments it was entitled to under the subcontract.
Defendants argue that pursuant to Va. [...]
Attorneys – Legal Malpractice – Habeas Counsel
By Sarah Rodriguez
Published: August 18, 2008
A plaintiff’s lawsuit alleging legal malpractice by the lawyer who represented him on a habeas petition is dismissed by the Fairfax Circuit Court because plaintiff client has not demonstrated that he obtained any post-conviction relief.
Also, plaintiff has not alleged he was actually innocent of the crimes for which he was convicted, nor has he alleged [...]
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