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Tag Archives: Judge Randy I. Bellows

Va. Cir.: Hearing on forensic testing is ex parte, but order is not (access required)

A capital murder defendant who sought forensic testing of certain evidence was entitled to present his argument to the court ex parte under Code § 9.1-1104. But the statute does not authorize ex parte status for the resulting order as ...

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Va. Cir.: City’s red-light cameras constitutional (access required)

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

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Va. Cir.: Post-mortem evidence may be admissible in murder trial (access required)

A capital murder defendant moved to exclude evidence of physical damage to the victim occurring after he disposed of her body in a lake. The court declined, in part because such evidence was probative of the manner of disposal. Background ...

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Lawyer claimed mild TBI in T-bone wreck – $450,950 Verdict (access required)

This case arose from a T-bone car accident on June 10, 2015. Plaintiff was proceeding through an intersection with a green arrow, when the defendant ran his red light and struck plaintiff on his driver’s side. Defendant claimed contributory negligence. ...

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Va. Cir.: Amended anti-SLAPP fee provision not retroactive (access required)

A Yelp reviewer who successfully defended against defamation claims couldn’t claim attorneys’ fees under Va. Code § 8.01-223.2 because 2017 amendments weren’t retroactive, a Virginia circuit court held. Background Defendant Jeremiah Jones retained Plaintiff Will Nesbitt Realty LLC to assist him in renting a ...

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Va. Cir.: Complaint amended with party’s real name didn’t relate back (access required)

Filed days before the end of the limitations period and never served, the initial complaint didn’t put the defendant on notice of the suit, a Virginia circuit court held. The filing period also wasn’t extended by the defendant’s use of ...

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