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Tag Archives: Judge Stephen C. Shannon

Ineffective assistance warrants habeas relief (access required)

Petitioner is entitled to have her plea-based petit larceny conviction vacated because counsel did not advise her of the consequences the plea could have on her immigration status. Facts Petitioner, born in El Salvador, became a lawful permanent United States ...

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No-fault divorce statute applied to same-sex couples (access required)

Virginia Code §20-91(A)(9)(a), which allows a husband and wife to obtain a divorce if they live separate and apart without cohabitation and without interruption for one year, applies equally to same-sex married couples. In this case, a same-sex married couple ...

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Assisted-conception law unconstitutional (access required)

Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie ...

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Va. Circuit Courts: Assisted-conception law unconstitutional (access required)

Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie ...

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Shareholder used company finances for personal expenditures – $1,029,655 Verdict (access required)

Defendant Amy Ross was a 50 percent shareholder of Design Works Interiors Inc. and the president of the company. The other fifty percent shareholder was Leslie Sargent. Ross and Sargent were close friends. Over a period of seven years, Ross ...

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Retainers – Advanced Payment of Fees and Expenses – Property of Client (access required)

Allen Corporation of America Inc. v. Zayas; Miles & Stockbridge P.C., Garnishee (VLW No. 017-8-098, 6pp.) (Shannon, J.) Fairfax Cir.Ct. CL-2017-07300 Holding: Where the garnishee-law firm held for the defendant-judgment debtor a retainer fee in trust as security for the ...

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Court Dismisses Minors’ Claims Signed by Parents (access required)

In plaintiffs’ pro se trespass and nuisance suit against their neighbors, the Fairfax Circuit Court grants defendants’ motion to dismiss claims of the minor children, as the parents’ signatures on the complaint do not comply with Virginia pleading requirements. Plaintiffs ...

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