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Tag Archives: Judge Gary A. Mills

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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Allstate balks at settlement conference, negotiations – $62,000 verdict (access required)

This case was ordered to a settlement conference by the state court. Allstate refused to send an insurance company representative to the settlement conference; they sent only their lawyer, but refused to give their lawyer any authority. As such, he ...

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Evidentiary hearing conducted for actual innocence claim (access required)

Where petitioner seeks to overturn his convictions arising from an assault of a co-worker by petitioning for a writ of actual innocence based on nonbiological evidence, the court has taken testimony and cross-examination of witnesses as ordered by the Court ...

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