Real Estate - Church Property - Episcopal Church Split - Waiver 
Published: August 25, 2008
In this dispute over property claimed by both the Episcopal Diocese of Virginia and the national church, and 11 breakaway congregations, a Fairfax Circuit Court holds that the ECUSA/Diocese may not assert at the October trial that the breakaway congregations have contracted away, waived, abandoned or relinquished their right to file a petition under Va. [...]
Real Estate - Assessment - Property Owner Petition - Tax Levy
Published: August 25, 2008
A New Kent County Circuit Court rejects property owners’ petition challenging the reassessment of real estate in the county under Va. Code § 58.1-3003.
Property owners filed a petition with Commonwealth’s Attorney C. Linwood Gregory under Code § 58.1-3003 that required him to appeal an “order for the imposition of taxes” to circuit court.
In addition to [...]
Administrative - In-State Tuition - Domiciliary Status - GMU
Published: August 25, 2008
A rising junior at George Mason University who lived in Virginia as a child, moved to Montana with her parents but continued to visit friends and family in Virginia, then “declard her independence” and returned to Virginia to attend GMU, is not entitled to in-state tuition, a Fairfax Circuit Court says in upholding the university’s [...]
Real Estate - Home Sale - Termite Damage - Fraud
Published: August 25, 2008
A home buyer’s suit alleging fraudulent inducement and concealment by defendant seller of extensive termite damage to the home has his suit dismissed by the Fairfax Circuit Court, with leave to amend, because the suit as filed alleges the buyers proceeded with settlement even though they had not received the termite inspection they were entitled [...]
Civil Procedure - Judicial Bias Accusation - Court’s Ruling
Published: August 25, 2008
A Fairfax Circuit Court declines defendant’s motion to reconsider its earlier decision in this case, based on defendant’s unfounded accusation of “blatant sexual bias.”
While unfortunately there was no court reporter present for the earlier ruling, I wrote out my ruling prior to delivering it. The actual words in my notes are:
“Here, while I have found [...]
Criminal - Abduction - Infant Victim
Published: August 25, 2008
A defendant’s conviction of “abduction” of an infant is reversed by the Court of Appeals.
Four intruders broke into a home where a woman, a man and the man’s eight-month-old daughter were asleep together in a bed.
One intruder pulled the woman, not child’s mother, into another room. The intruders demanded money from both adults, and the [...]
Search & Seizure - Auto Search - Trespass Arrest
Published: August 25, 2008
The Court of Appeals affirms defendant’s conviction for possession of cocaine with intent to distribute, discovered in defendant’s car after he was arrested for trespassing.
Pursuant to Virginia v. Moore, 128 S.Ct. 1598 (2008), we conclude the trial court did not err in denying defendant’s motion to suppress evidence found on his person incident to his [...]
Criminal - Malicious Wounding - Transferred Intent - Family Stabbing
Published: August 25, 2008
A defendant whose daughter was cut when she jumped on defendant in an attempt to halt his knife attack on his wife can be convicted of malicious wounding of the daughter under the doctrine of transferred intent, the Court of Appeals holds.
The appellate court also affirms defendant’s conviction for unlawful wounding of a police officer [...]
Civil Procedure - Discovery Sanctions - Rule 37 - Default Judgment
Published: August 25, 2008
In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, and her horse farm, which the company claims is the repository of ill-gotten gains, in [...]
Intellectual Property - Copyright Infringement - Catalog Copy - Attorney’s Fees
Published: August 25, 2008
A defendant company that competes with plaintiff in the sale of “fine jewelry quality” finger splints, that has been ordered to pay statutory damages of $30,000 for its infringement of plaintiff company’s copyright by using nearly identical text to describe its products, is ordered by the Charlottesville U.S. District Court to pay $53,602.93 in attorney’s [...]
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