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Tag Archives: Judge Randy I. Bellows

Contract claim sustained, fraud counterclaims dismissed (access required)

Where the buyer of a firearms business only paid a portion of the sales price, the seller prevails on a breach of contract claim. The buyer’s counterclaim for fraud is dismissed with prejudice. Statement of the case “Before the Court ...

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Suppression of evidence from warrantless search granted (access required)

Even though the police had probable cause to search and seize defendant’s vehicle, there were no exigent circumstances to excuse the need to obtain search and seizure warrants. Background A witness told police that a vehicle struck a pedestrian who ...

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Not presenting insanity defense was effective assistance (access required)

Defense counsel provided effective assistance by not asserting an insanity defense. Petitioner is denied habeas corpus relief. “Under Strickland v. Washington, 466 U.S. 668, 687 (1984), a petitioner must prove both that his counsel’s performance was deficient and that he ...

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An empty podium: Fairfax not staffing all cases; victims still must get notice (access required)

Even if a commonwealth’s attorney decides not to staff certain misdemeanor cases, the prosecutor’s office still has the obligation to make sure crime victims are provided notice of their criminal proceedings, a Fairfax County judge has ruled. The judge’s decision ...

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Setback variance to build screened porch approved (access required)

Respondent’s board of zoning appeals incorrectly denied petitioners a setback variance to replace a deck at their residential home with a screened porch. Background Petitioners own a home on a corner lot in Vienna, Virginia. The lot is wider than ...

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$1.7 million awarded on unjust enrichment claim (access required)

Where plaintiffs and defendants were guarantors of a defaulted loan, and plaintiffs funded the settlement with the lending bank, defendants are liable to plaintiffs for $1.7 million on an unjust enrichment theory. Background The Coves, the Wallens and the Blacks ...

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Doctor stopped stroke protocol too soon – $2.5 Million Verdict (access required)

Devona Johnson, 45, collapsed at home. When she came to, she had a vision field cut and mental confusion. EMS brought her to a Primary Stroke Certified hospital where the stroke protocol was activated and she was evaluated by an ...

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