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Tag Archives: Judge David W. Lannetti

Eviction moratorium tolled writ of eviction deadline (access required)

A writ of eviction obtained by the Virginia Housing Development Authority more than 180 days after being awarded possession of the foreclosed premises is enforceable. A federal COVID-19-related eviction moratorium tolled the 180-day statutory period. Overview Ononuju defaulted on his ...

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Joinder motion granted in attempted murder case (access required)

Where five defendants are charged with multiple crimes arising from their alleged attack on the victim, the commonwealth’s motion for joinder is granted. The commonwealth has shown good cause, defendants have not shown they will be prejudiced, the court can ...

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Challenge to COVID-19 treatment guidelines rejected (access required)

Although a doctor has third-party standing to bring an informed consent claim on behalf of his patients, he lacks standing to bring a claim under the Virginia Health Care Decisions Act. He is not entitled to a temporary injunction because ...

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No certification of fact statement for appeal (access required)

Where the court sustained defendants’ demurrer to plaintiffs’ complaint, which alleged that portions of COVID-related executive orders are unconstitutional, plaintiffs’ proposed statement of facts submitted after their notice of appeal is defective and cannot be certified. The court issues a ...

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Evidence obtained after traffic stop is admissible (access required)

Where police investigators stopped defendant after he disobeyed a stop sign, issued him a warning instead of a ticket, and defendant then admitted he had marijuana in the vehicle in response to one of the investigator’s question, defendant’s motion to ...

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Executive Order survives constitutional challenge (access required)

Where a restaurant and its corporate officer have challenged Executive Order 72, which placed COVID-19-related limitations on alcohol sales and patron capacity at food and beverage establishments, the portions  of Virginia law under which the order was issued are constitutional. ...

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Internet provider liable for city’s business tax assessment (access required)

An internet service provider must pay a city’s business tax assessments because the city began collecting the tax before the effective date of a federal law that bars taxation of internet service access revenues. Background This case involves the interplay ...

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