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Tag Archives: Virginia Circuit Courts

Writ of Habeas Corpus Granted on Petitioner’s Strickland Claim (access required)

A Fairfax Circuit Court grants a writ of habeas corpus on petitioner’s Strickland claim based on his assertion that he would not have pleaded guilty to misdemeanor drug possession had his lawyer not advised him the conviction would not affect ...

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Non-Solicitation Clause Struck as ‘Overbroad’ (access required)

An auto-detailing business cannot recover from its former employer who made plans to start a competing business while still employed by plaintiff; a Chesapeake Circuit Court says plaintiff’s non-solicitation clause is facially overbroad because it would prevent defendant from offering ...

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Agency’s Mental Retardation Rule Overturned (access required)

A Fairfax Circuit Court says defendant state agency’s denial of Medicaid coverage under the Mental Retardation/Intellectual Disability waiver for a 25-year-old mentally retarded man with an IQ of 54 is an “arbitrary and capricious interpretation” of the diagnostic criteria for ...

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Center’s Extra Services Violated Ordinance (access required)

A counseling center that has a non-residential use permit has violated the local zoning ordinance by offering additional services such as laundry, personal care facilities and meals to its clients, and the Fairfax Circuit Court reverses the decision of the ...

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Defendant Bankrupt, Plaintiff Sues UM Carrier (access required)

Although plaintiff received a $2,250 payment in 2008 for his injuries from a 1996 auto accident after the defendant driver’s employer, Builders Transport, was discharged in bankruptcy, plaintiff still may pursue a claim in order to litigate his own uninsured/underinsured ...

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