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Tag Archives: Fairfax County Circuit Court

Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification (access required)

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

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Driver crossed double line, hit motorcyclist – $350,000 Settlement (access required)

Plaintiff was oper­ating a 2009 Harley Davidson motorcy­cle heading north­bound on Hunter Mill Road in Fairfax County. At the same time and place the defen­dant was operating a 2012 Toyota Taco­ma heading south­bound on Hunter Mill Road when the defendant ...

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Landlord Proves Fraudulent Conveyance Against Lawyers and Defunct Law Firm (access required)

A partnership that owned the site of a defunct Fairfax County law practice is entitled to judgment against the former principals, including a former congressman, and other entities for $380,864.91 for both fraudulent conveyance and voluntary conveyance. The partnership also ...

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Motion to Strike Sentence Recommendation Denied (access required)

A Fairfax County circuit judge denies a motion to strike a jail sentence recommendation in a sex offender’s presentence report despite the fact that sentencing guidelines recommend probation. The defendant presents a challenge to the generalized authority of probation officers ...

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Contractor Showed No Damage from Exec Departure (access required)

Plaintiff, a company that provides systems engineering and technical support to federal agencies, could not show any lost profits from alleged trade secret misappropriation or other wrongful conduct by a former executive who left to develop her own IT business ...

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Comp Denial Based on Phony Forgery Claim (access required)

The Virginia Employment Commission’s handling of a medical technologist’s proffers of proof that she did not falsify a doctor’s note, and denial of unemployment compensation based on her “misconduct,” are reversed as “arbitrary and capricious” by the Fairfax Circuit Court. ...

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Field sobriety test results suppressed in Fairfax (access required)

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A trial judge has excluded the results of a driver’s field sobri­ety tests because the telephone translator who conveyed the of­ficer’s instructions to the driver did not come to court. Instructions conveyed through the translator are testimonial, and the driver ...

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