In a matter of first impression, the Fairfax County Circuit Court ruled that psychological reports from a sanity evaluation that have been admitted into evidence in support of an uncontested not guilty by reason of insanity plea “should be, and ...

Tagged with: Criminal Judge Randy I. Bellows Virginia Circuit Courts

Where psychological reports from defendant’s sanity evaluation were admitted into evidence, the reports are “open to public inspection.” Overview Defendant pleaded not guilty to charges of second-degree murder and violating a protective order. He pleaded not guilty. A grand jury ...

Tagged with: Criminal Judge Randy I. Bellows Virginia Circuit Courts

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 ...

Tagged with: Contract Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

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 ...

Tagged with: Criminal Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

Where defendant was indicted on four counts of raping a child less than 13 years old, and the commonwealth later amended the first two counts to aggravated sexual battery, the court rejects a plea agreement that allowed defendant to plea ...

Tagged with: Criminal Fairfax Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

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 ...

Tagged with: Habeas Corpus Judge Randy I. Bellows Virginia Circuit Courts

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 ...

Tagged with: Criminal Fairfax County Circuit Court Judge Randy I. Bellows

Where the assault victim did not appear at defendant’s trial because he was not notified of the trial date, defendant’s motion to dismiss the case on this basis is denied. Background “The specific question before the Court is whether the ...

Tagged with: Criminal Fairfax Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

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 ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Real Estate Virginia Circuit Courts

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 ...

Tagged with: Business Law Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts