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Tag Archives: Judge Brett A. Kassabian

No prejudice from delayed release of exculpatory evidence (access required)

The court denies defendant’s motion to dismiss, based on, among other things, the commonwealth’s delayed identification of experts it consulted who supported defendant’s theory of the case. Defendant has shown no prejudice from the delay as there it is still ...

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Court can hear challenge to pastor’s confirmation (access required)

Where members of the Heritage Fellowship Church allege that its board of directors manipulated voter rolls after a failed attempt to confirm a senior pastor by lowering the number of votes needed for the necessary two-thirds majority, and accordingly declared ...

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Sovereign immunity denied to deputy in car crash case (access required)

Where plaintiff alleges she was injured in a chain reaction collision caused by defendant deputy’s negligence while driving to serve legal papers, defendant’s plea in bar based on sovereign immunity is denied. Defendant’s driving between locations to serve papers was ...

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Case dismissed for lack of actual controversy (access required)

Where this court issued a capias after plaintiff Yuri Sasson disobeyed a lawful court order, and also granted defendant’s demurrer without leave to amend, a motion by plaintiff’s son, Ilan, to reconsider the dismissal is denied. Prior proceedings This court ...

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Housing commission can subpoena records in bias case (access required)

Where respondent Fairfax Human Rights Commission issued a subpoena duces tecum for petitioner Capital Investment Advisors relating to racial discrimination in an apartment complex, the court, on the commission’s motion to reconsider, now concludes that the commission has subpoena power when ...

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Taxpayer failed to show assessments were erroneous (access required)

Where a taxpayer fails to show that county assessments were not arrived at in accordance with generally accepted appraisal practices, the county’s assessments stand and the taxpayer’s request for relief is denied. Background Petitioner alleged Fairfax County erroneously assessed land ...

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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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Man died during heart surgery – Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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Man died during heart surgery – $7,000,000 Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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