Where defendant was found not guilty of driving under the influence, this did not preclude a conviction for carrying a concealed weapon under the influence of alcohol arising from the same incident. Issue presented “The question before this Court is ...

Tagged with: Criminal Judge Gary A. Mills Virginia Circuit Courts

The JDR court correctly denied the commonwealth’s motion to transfer the minor defendant’s case to circuit court. Further, the court retained jurisdiction while the commonwealth appealed the release decision. Background The commonwealth has appealed the JDR court’s decision to release ...

Tagged with: Judge Gary A. Mills Juvenile Virginia Circuit Courts

Where defendant husband’s military pension does not include disability pay, Howell v. Howell, 137 S. Ct. 1400 (2017), is inapplicable, and the parties’ property settlement controls the pension division. Howell held that under federal law, a military retiree who opts ...

Tagged with: Domestic Relations Judge Gary A. Mills Newport News City Circuit Court Virginia Circuit Courts

Where the parties contested the admissibility of testimony and argument relating to third-party guilt, the court issued its rulings after considering the parties’ arguments and briefs, as well as additional caselaw and statutory authority. Opening argument Defendant cannot delay his ...

Tagged with: Criminal Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

The court denies defendant’s motion to suppress her statements to the police after she invoked her right to remain silent. Background Defendant was arrested for her “suspected involvement in the death of Salahuddin Ibn Shabazz.” She was placed in an ...

Tagged with: Criminal Judge Gary A. Mills Newport News City Circuit Court Virginia Circuit Courts

New laws limiting police traffic stops for minor offenses should not restrict prosecution of cases that arose from stops before those laws took effect, a Virginia trial judge has ruled. In Commonwealth v. Eberhardt (VLW 021-8-129), Richmond Circuit Judge W. ...

Tagged with: Judge Charles N. Dorsey Judge Gary A. Mills Judge W. Reilly Marchant Traffic stop Virginia Circuit Courts

Where defendant, a U.S. Navy retiree, began receiving military retirement pay and later “Concurrent Retirement Disability Pay,” both are military retirement pay that must be divided under the parties’ property settlement. Howell v. Howell, 137 S. Ct. 1400 (2017), which ...

Tagged with: Domestic Relations Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

Where the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge, defendant’s motion to dismiss, based on the prosecutor’s absence, is denied. The court agrees with a recent circuit court opinion, Commonwealth v. Sangha, 2021 WL 1179859 (Fairfax Cnty. ...

Tagged with: Criminal Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

A Newport News judge has denied a criminal defendant’s motion to dismiss made after the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge. Judge Gary A. Mills agreed with a Fairfax County Circuit Court holding earlier this year ...

Tagged with: concealed weapon Criminal Fairfax County Circuit Court Judge Gary A. Mills

Amendments to the Virginia Code last year prohibiting a traffic stop for excessively tinted windows are not retroactive, a Newport News circuit judge has ruled. He declined to suppress drugs and weapons found during a stop in March 2020. The ...

Tagged with: Judge Charles N. Dorsey Judge Gary A. Mills Traffic stops Virginia Circuit Courts