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Tag Archives: Fairfax County Circuit Court

Attorney’s fees’ provision in student enrollment contract unconscionable (access required)

Flint Hill School’s enrollment contract requires the parent to pay the school’s fees and costs in any litigation, irrespective of which side prevails. In advance of a suit for breach of contract against the school, a parent sought a declaratory ...

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Counsel deficient, but defendant not prejudiced (access required)

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

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Overnight stay won’t support common law marriage (access required)

Marriage License Signing FEA

A “husband” whose nine-year marriage was negated because the couple’s Washington wedding was at odds with their Virginia paperwork cannot save the union by labeling it a common law marriage under D.C. law. The Court of Appeals of Virginia ruled ...

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Va. Cir.: Hearing on forensic testing is ex parte, but order is not (access required)

A capital murder defendant who sought forensic testing of certain evidence was entitled to present his argument to the court ex parte under Code § 9.1-1104. But the statute does not authorize ex parte status for the resulting order as ...

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Va. Cir.: Support modification not doomed by father’s scant evidence (access required)

If facts could be gleaned from the existing record, a father seeking to modify support obligations wasn’t necessarily required to put on evidence of his children’s current needs, since the Child Support Guidelines include a rebuttable presumption of such needs. ...

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