In a case of first impression, a Virginia circuit court has upheld a felony conviction secured by a prosecutor who was unlicensed during the trial. After reviewing similar decisions from other jurisdictions, Judge David A. Oblon of the Fairfax County ...

Tagged with: Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

The General Assembly’s 2019 expansion of summary judgment procedures to allow certain business litigants to use affidavits and depositions to support summary judgment motions does not require opposing parties to file responsive affidavits or contrary deposition testimony to support a ...

Tagged with: Civil Practice Judge David A. Oblon Virginia Circuit Courts

Where defendant signed a promissory note as the borrower’s managing member, which contained language just above his signature stating he personally guaranteed payment, he cannot escape liability after a default by arguing he did not sign the note in his ...

Tagged with: Contract Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

A judge has denied a request from the Fairfax County Police Department to issue a “geofence” search warrant in a motel shooting case. Such a warrant would allow a police department to request for Google to list any cellphones active ...

Tagged with: Evidence Fairfax County Circuit Court Geofencing Judge David A. Oblon

The Fairfax County Police Department’s request for a “geofence” search warrant is denied because it is overbroad. Further, the warrant affidavit does not have sufficient probable cause or particularity. Overview Police investigated shootings at a motel. Two groups of people ...

Tagged with: Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where father receives child support payment from mother, father’s income from his rental units may be offset by his reasonable rental business expenses for purposes of calculating the child support guidelines. Background Father owns two residential properties, which he leases. ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where defendant seeks dismissal of a reckless driving charge because the commonwealth has declined to prosecute, the issue is moot because “attorneys for the Commonwealth must appear when a judge requests they do so in criminal cases reportable to the ...

Tagged with: Criminal Judge David A. Oblon Virginia Circuit Courts

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

In this custody dispute, where petitioner-father seeks to unseal mother’s expunged criminal records and to intervene in pending expungement proceedings, the court denies petitioner’s motions. Father seeks the sealed records as evidence the court should consider when determining the best ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where wife counterclaimed for a divorce on grounds of adultery, husband’s alleged paramour cannot claim a Fifth Amendment privilege in response to a civil subpoena duces tecum for existing personal, private information, even if such information is incriminating. However, the ...

Tagged with: Domestic Relations Farifax Circuit Court Judge David A. Oblon Virginia Circuit Courts