Where petitioner seeks to have records of his arrest for “sexual battery” expunged, the petition is granted because the charges were eventually dismissed. Overview Petitioner was arrested on January 30, 2006, for misdemeanor sexual battery in violation of Code§ 18.2-267.4. ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the commonwealth has declined to prosecute defendant for the misdemeanor offense of driving without an ignition interlock system, this court must dismiss the charge. Overview Defendant was charged in the general district court. The commonwealth declined to prosecute. Defendant ...

Tagged with: Criminal Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

A Fairfax County circuit judge has ruled that criminal charges must be dismissed if the commonwealth’s attorney’s office declines to prosecute. The ruling arises from the decision by Fairfax Commonwealth’s Attorney Steve Descano not to prosecute many misdemeanor cases, often ...

Tagged with: Judge Richard E. Gardiner

Where this court granted defendant’s motion for bail but stayed execution of the order to give the commonwealth the opportunity to appeal, the court has the inherent authority to do so. Background “It is undisputed that, because of the charges, ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Because defendants in the current suit concerning a lake access easement were not in privity with the plaintiff in a prior suit concerning the same easement, res judicata does not bar defendants’ counterclaim against plaintiffs in the current suit. Alleged ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Plaintiff’s motion to strike defendants’ pleas in bar is granted because defendants have actually filed pleas of the general issues, which are not allowed under Va. Sup. Ct. Rule 3:8(a). Overview Plaintiff has sued defendants for conversion, violation of the ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a municipality sought contribution and equitable indemnification from an excavating company that performed work two years earlier in the area where plaintiff was injured when she fell into a depression in the ground, the excavating company’s demurrer is sustained ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Personal Injury Virginia Circuit Courts

A pro se relator’s qui tam action is dismissed because the relator is not represented by counsel. Grounds for dismissal “This matter is before the court on the motion of the Commonwealth of Virginia, by the Office of the Attorney ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The Virginia statute that blocks tort recovery against a fellow employee for on-the-job injuries doesn’t apply when those injuries were covered by Maryland, not Virginia, workers’ comp law, a circuit judge has ruled. The Nov. 13 decision by Fairfax Circuit ...

Tagged with: Judge Richard E. Gardiner Personal Injury Workers' Compensation

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Personal Injury Virginia Circuit Courts