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Tag Archives: Judge Daniel E. Ortiz

Competency evaluation incorrectly denied (access required)

Where a trial judge failed to consider defense counsel’s representations concerning her client’s mental health, labeling her representations as “conclusions” or “opinions,” and asking for “evidence,” the judge’s denial of counsel’s motion for a competency evaluation was an abuse of ...

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Court reverses conviction due to denial of competency evaluation (access required)

The Court of Appeals of Virginia has reversed a man’s conviction on multiple firearm and drug-related charges after it determined a trial judge incorrectly denied the man’s counsel’s motion for a competency evaluation. The case has been remanded to the ...

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Taxpayers have standing to contest upgrade (access required)

Plaintiff taxpayers have standing to challenge a decision by the Fairfax County Board of Supervisors to expend funds to update and modernize the county’s zoning ordinances. Plaintiffs have alleged that the expenditures were made without proper notice, an in-person quorum ...

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Claims arising from trash fire go forward (access required)

Where plaintiff firefighters claim they were injured while responding to a trash fire at defendant’s facility, the fireman’s rule does not bar their negligence and gross negligence claims. The court overrules defendant’s demurrers. Firefighters’ rule “The fireman’s rule limits liability ...

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Lifetime sex offender registration order bars gun ownership (access required)

Where petitioner was convicted of a sex crime that requires him to permanently register as a sex offender, the requirement precludes the restoration of his firearm rights. Background After a plea-based conviction of taking incident liberties with a child, petitioner ...

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No guardianship where living father still has legal custody (access required)

A minor child’s maternal grandparents cannot be appointed as the child’s guardians because her father is alive and has legal custody of the child. Overview Petitioners are the maternal grandparents of a 15-year-old child whose mother died in 2012. She ...

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