Where the general district court waived jail time on the commonwealth’s behalf for a defendant charged with possessing marijuana, the commonwealth cannot seek jail time in a de novo circuit court trial of the charge. Further the charge must be ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where petitioner has named the director of the Virginia Department of Corrections and the chief probation officer in her habeas corpus petition to set aside a drunk driving conviction on the basis of ineffective assistance of counsel, the petition is ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

Tagged with: Administrative Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A Fairfax lawyer who fell short on discovery and admitted he was unprepared for trial in a divorce case has been sanctioned $11,000 by a Fairfax County judge. The penalty was imposed on the lawyer, but not the client, based ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Lawyer Sanctions

Defendant’s attorney must personally pay plaintiff $11,000 as a sanction because of his conduct in this divorce matter. Sanction The matter before the court is entry of a final decree of divorce and plaintiff’s request for an attorney’s fee award. ...

Tagged with: Attorneys Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where plaintiff petitioned to exercise a reservation for additional spousal support that was included in their property settlement agreement (PSA), the court concludes that a showing of changed circumstances is not required to consider the petition. Further, even if changed ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

In a case where corporate confusion may have torpedoed a six-figure tax relief claim, a Fairfax County judge ruled that trial depositions may be used to support a motion to strike. The statute barring the use of depositions for summary ...

Tagged with: Deposition Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

The proposed substitute plaintiffs cannot continue a tax-refund suit as successors in interest of plaintiff, a voluntarily cancelled LLC, even though lease agreements authorized the would-be plaintiffs to pay property taxes and challenge assessments. Further, plaintiff lacks standing to continue ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

The court lacks jurisdiction to enter a child custody order due to the residency of the parties and their child, and because this court has not previously entered a custody order in this divorce case. Background Plaintiff father and defendant ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A commissioner of sale is personally liable after the net sale proceeds of a marital home in the underlying case were distributed without satisfying petitioner’s lien. The commissioner failed “to file a proper accounting” of all the encumbrances on the ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts