Where wife alleged in her complaint that she sought a divorce due to husband’s adultery and abuse of alcohol and illegal drugs but later agreed to a no-fault divorce, husband’s conduct may still be taken into consideration for purposes of ...

Tagged with: Domestic Relations Judge David W. Lannetti Virginia Circuit Courts

Where petitioner argues he is entitled to habeas relief, alleging that the commonwealth falsely stated at trial that a witness had been subpoenaed, the claim is procedurally barred. Petitioner could have raised it at trial. Further, petitioner has not pleaded ...

Tagged with: Habeas Corpus Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Real Estate Virginia Circuit Courts

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 ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge David W. Lannetti Virginia Beach Circuit Court Virginia Circuit Courts

Where a freight carrier retained a refused shipment of roofing materials and eventually sold it at auction, the court awards the freight broker that set up the shipment a judgment for the materials’ value. Overview Port Norfolk Transport (PNT) is ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

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. ...

Tagged with: Civil Practice Judge David W. Lannetti Virginia Circuit Courts

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 ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Taxation Virginia Circuit Courts