Plaintiff Can Record IME

Lender Gets Constructive Trust on Wife’s Interest

By Deborah Elkins
Published: March 20, 2013
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

Although a lender that refinanced a mortgage on property owned by husband and wife as tenants by entirety neglected to get wife’s signature on the refinance loan, the Hanover County Circuit Court imposes a constructive trust on wife’s interest in the property, now that her husband has died and the property is subject to foreclosure; [...]

Other Bank Robberies’ Evidence Comes In

By Deborah Elkins
Published: March 5, 2013
Tags: Criminal, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

Although a demand for additional money, the use of threatening language and poor grammar in a demand note would seem to be common in bank robberies, the punctuation and spelling errors common to the three demand notes support allowing the prosecution to put on evidence of defendant’s convictions for bank robberies in Henrico and Richmond [...]

More Testing Needed for ‘Competency’ Decision

By Deborah Elkins
Published: January 17, 2013
Tags: Criminal, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

Because the clinical psychologist who initially found defendant competent to stand trial stated that his opinion might change if defendant had an appropriate neurological examination, including an EEG and CAT scan and/or MRI, a Hanover Circuit Court orders the additional testing for defendant, under the authority of Ake v. Oklahoma and Virginia law. Is an [...]

No Reduction in Husband’s Equity Payment

By Deborah Elkins
Published: January 17, 2013
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover Circuit Court may not modify a couple’s final divorce decree from 2008 in order to reduce the $40,000 sum for husband’s share of the equity upon sale of the home, which has declined in value since the date of the decree; the result may be harsh for the plaintiff, but the parties’ divorce [...]

Payor Can Sue Lawyer on Contract to Defend Juvenile

By Deborah Elkins
Published: October 15, 2012
Tags: Attorneys, Judge J. Overton Harris, Richmond County Circuit Court, Virginia Circuit Courts

A plaintiff who paid defendant lawyer a $45,000 flat fee to defend a juvenile on a rape charge through “final verdict” of the juvenile court, has standing to seek an accounting of that fee after the lawyer was discharged before representation was concluded under the contract, says a Richmond County Circuit Court. The intent of [...]

Deportation Threat No Basis for Coram Vobis

By Deborah Elkins
Published: October 15, 2012
Tags: Criminal, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover Circuit Court says a petitioner who claims his lawyer did not advise him about possible immigration consequences when he pleaded guilty to certain crimes in 2003 cannot pursue relief in a petition for a writ of coram vobis. Petitioner was returning to the U.S. from a Caribbean cruise in July 2011 when he [...]

Debris-Dumping Site Can Go After Surety

By Deborah Elkins
Published: September 10, 2012
Tags: Contract, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A subcontractor that received debris from site clearing on a public road project may bring an action on a contractor’s payment bond under Va. Code § 2.2-4337(A); while not a typical subcontractor, plaintiff Yard Works is a valid claimant under the statute, says a Hanover Circuit Court. A payment bond on certain public projects is [...]

No Expungement After Guilty Plea

By Deborah Elkins
Published: September 10, 2012
Tags: Criminal, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A defendant who was charged with stalking but who pleaded guilty to the amended charge of using profane language over a telephone is not entitled to have the stalking charge expunged, says the Hanover County Circuit Court, as the guilty plea removed defendant from the group of “innocent citizens” the legislature intends as the beneficiaries [...]

Court Orders FOIA Response by VDOT

By Deborah Elkins
Published: July 5, 2012
Tags: Administrative, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

Although respondent Virginia Department of Transportation says this FOIA petitioner will be able to impermissibly obtain personnel information if VDOT provides the Position Numbers petitioner seeks, the Hanover Circuit Court says FOIA does not contemplate exemptions arising from a petitioner’s particular employment situation, and petitioner’s request is granted. The court finds that Position Numbers do [...]