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Tag Archives: Judge Gary A. Mills

Property settlement controls military pension division (access required)

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 ...

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Court issues pre-trial evidentiary orders (access required)

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 ...

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Statements after invoking right to be silent admissible (access required)

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 ...

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Legal at the time: Another judge holds traffic stop changes not retroactive (access required)

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. ...

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All of defendant’s military retirement pay must be divided (access required)

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 ...

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Concealed weapon case proceeds in prosecutor’s absence (access required)

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. ...

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Misdemeanor charges OK despite lack of prosecutor (access required)

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 ...

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