Home (page 6)

Tag Archives: Judge Thomas D. Horne

Negligence – Settlement – Apparent Authority – Disbarred Lawyer (access required)

Where there is no record evidence plaintiff had knowledge of, participated in, assisted with or condoned the settlement negotiations conducted by his attorney of his personal injury claim, a Loudoun Circuit Court will set aside the settlement and set the ...

Read More »

Domestic Relations – PSA Enforcement – Retirement Pension (access required)

A couple’s 1988 property settlement agreement is interpreted by a Loudoun County Circuit Court to provide wife only with a share of husband’s earned pension benefits acquired as a result of his employment with the Fairfax County’s Educational Employees Supplemental ...

Read More »

Criminal – Habeas Corpus – Ineffective Assistance (access required)

Although petitioner’s Virginia lawyer provided constitutionally deficient counsel when he misrepresented New Jersey law by telling petitioner that “New Jersey can’t use [her] Virginia case against” her in New Jersey, and petitioner has shown the necessary prejudice under Strickland v. ...

Read More »

Criminal – Custodial Interrogation – Airport Customs (access required)

A defendant was not in custody for Fourth Amendment purposes because a reasonable person returning to the U.S. through customs would have perceived the restriction attendant to questioning by the federal officers to be unlike the restraint imposed by a ...

Read More »

Documentation for public road at issue in access to property – Defense Verdict (access required)

The plaintiffs, a group of landowners, sought a declaratory judgment granting access to the landlocked property along the route of an alleged ancient public road over Short Hill Mountain outside of Leesburg. Had the plaintiffs been successful, a public road ...

Read More »