Where a statute limits a jail sentence to 14 days upon a second “technical violation” of terms and conditions of either a suspended sentence or probation, the statute does not apply retroactively. Overview On June 30, 2015, Defendant Page was ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

Where a magistrate issued an arrest warrant with two triggering conditions, the magistrate did not wholly abandon his judicial role by doing so. Conditions “The subject search warrant, prepared by law enforcement and/or the Commonwealth provides two different triggering events: ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

Where a prosecutor and the Arlington County Police Department have requested a geo-fence search warrant, the warrant will not issue because it “lacks sufficient particularity and reads as a general warrant.” Relevant facts “The Commonwealth’s Attorney, with the Arlington County ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

The court will grant the prosecution’s motion in limine to exclude opinion testimony from defendant’s expert because it is speculative and therefore is inadmissible. Overview “[T]he alleged facts include [defendant] Shaw having cleaned the body with bleach, cleaned the decedent’s ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

Where the General Assembly, in SB 1303, has delegated policy determinations regarding COVID mitigation protocols to local school boards, the governor cannot override those determinations by issuing an executive order. Background Seven school boards, which have adopted policies of requiring ...

Tagged with: Arlington County Circuit Court Civil Practice Judge Louise M. DiMatteo Virginia Circuit Courts

A condominium co-owner who suffered injuries after being attacked by a man who snuck into a common area and accessed her unit had her personal injury case heard by a jury. Arlington County Circuit Judge Daniel S. Fiore II had ...

Tagged with: Arlington County Circuit Court Judge Daniel Fiore II Personal Injury Virginia Circuit Courts

Type of action: Personal injury, auto accident Injuries alleged: Bilateral tinnitus, headache and neck pain Name of case: Upton v. Greenwalt Court: Arlington County Circuit Court Case no.: CL19-603 Tried before: Mediation Name of judge or mediator: Judge Johanna Fitzpatrick ...

Tagged with: Arlington County Circuit Court Mediation Personal Injury Settlement

Even though one of defendant landlord’s employees reported to other employees that he saw plaintiff tenant sitting in his apartment bathroom “‘not very alert’ and potentially ‘ill,’” there was no duty to check on plaintiff’s welfare. As a result, the ...

Tagged with: Arlington County Circuit Court Judge Daniel Fiore II Negligence Virginia Circuit Courts

A police officer’s affidavit provided probable cause to issue a search warrant even though the affidavit stated that the officer would execute it when he knew defendant had drugs for sale. Waiting to resupply Defendant Paige is charged with possession ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

An Arlington Circuit judge has rejected a plea deal because it went easy on an alleged “drug mule” who brought a load of marijuana and hashish oil into the state. The rejection comes amid debate over the role of judges ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts