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Monthly Archives: May 2010

Criminal – Second-Degree Murder – Bill Of Particulars (access required)

A Fairfax Circuit Court grants a defendant’s motion for a bill of particulars under Va. Code § 19.2-266.2(C) for information that may assist defendant in bringing a motion or objection raising his constitutional protections against illegal search and seizure or ...

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Civil Procedure – Final Order – Rule 1:1 – Condemnation Action (access required)

In this follow-up to a condemnation action by the Commonwealth Transportation Commissioner, a Fairfax Circuit Court denies respondent landowner’s request for reimbursement of expert costs; although the “final order” entered in this case reserved respondent’s right to seek costs, the ...

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Criminal – Habeas – Ineffective Assistance – Competency (access required)

Although this habeas petitioner contends his lawyer should have requested a psychiatric examination because petitioner “constantly blabbered that he was a police officer” and his family thought he was acting strange, he has not presented any facts or evidence to ...

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Real Estate – Unlawful Detainer Appeal – Quiet Title Action (access required)

In defendants’ appeal of a bank’s successful unlawful detainer action in general district court, a Fairfax Circuit Court says defendants may introduce evidence of title only as it relates to who has the superior right of possession, but it cannot ...

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Civil Procedure – Appeal Bond – Unlawful Detainer (access required)

Although a general district court order in this unlawful detainer appeal says no appeal bond was required “per Judge,” the Roanoke County Circuit Court says absent an appeal bond, it has no jurisdiction, and the appeal is dismissed. The Roanoke ...

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Creditor’s Rights – Fair Debt Act – Foreclosure – Securitized Mortgages (access required)

An Alexandria U.S. District Court dismisses plaintiffs’ claim alleging violations of the Fair Debt Collection Practices Act and other state law claims against defendant creditor, the substitute trustee and the mortgage servicer, in an effort to challenge defendants’ authority to ...

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Civil Procedure – Venue – Forum Selection Clause – Unconscionability (access required)

A snack-food distributor cannot avoid his distributorship agreement’s forum selection clause by arguing it is an unconscionable contract of adhesion, and a Richmond U.S. District Court grants defendant snack-food company’s motion to transfer venue to the Middle District of Pennsylvania. ...

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Contract – Mediation – License Agreement – Tattoo Art (access required)

A tattoo art company’s license and copyright suit against a former licensee is dismissed by a Norfolk U.S. District Court because the plaintiff, a creator of tattoo flash designs, did not request mediation, a condition precedent under the license agreement, ...

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