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Tag Archives: Judge Daniel E. Ortiz

No abuse of discretion when suspended sentence revoked

Where appellant committed a series of probation violations, the trial court correctly revoked her suspended sentence and sentenced her under the probation agreement’s terms, leaving her with a one-year active sentence. Background After being charged with a drug crime, appellant ...

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Noncompliant brief waived appeal arguments (access required)

Where appellant’s brief is significantly noncompliant with the court rules, “he has waived appellate consideration of his arguments.” A ruckus Appellant Lamouroux’s abduction and assault and battery convictions arise from an altercation with O’Leary, a convenience store customer. The incident ...

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Fair market repair costs include contractor’s profit (access required)

Where appellant damaged a contractor’s property and the contractor did his own repairs, the “fair market repair costs” include the contractor’s profit for determining whether the damage exceeded the $1,000 threshold for a felony. Overview “Though previously undecided in a ...

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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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