Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Arlington County Circuit Court

Jail limits for probation violation not retroactive (access required)

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 ...

Read More »

Magistrate properly issued arrest warrant (access required)

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: ...

Read More »

No warrant issued in geo-fence case (access required)

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 ...

Read More »

Expert excluded in dead body case (access required)

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 ...

Read More »

School boards’ mask policies remain intact (access required)

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 ...

Read More »

Man suffered permanent tinnitus after auto accident — $60,000 settlement (access required)

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 ...

Read More »

Landlord had no duty to check on tenant’s welfare (access required)

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 ...

Read More »

Probable cause supported search warrant for drugs (access required)

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 ...

Read More »