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Tag Archives: Loudoun County Circuit Court

Mistrial for manifest necessity permits second prosecution (access required)

Where a mistrial for manifest necessity was declared after an intoxicated witness provided improper testimony, appellant’s plea of former jeopardy is denied. Appellant acknowledges that the court has the discretion to declare a mistrial and that there was good reason ...

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Mother killed, father injured in T-bone auto accident — $4.6M settlement (access required)

Type of action: Wrongful death, personal injury Injuries alleged: Wrongful death of wife; pelvic and arm fractures of husband Court: Loudoun County Circuit Court Date resolved: 10/22/2021 Verdict or settlement: Settlement Amount: $4,600,000 Attorneys for plaintiff (and city): Peter C. ...

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Private nuisance claim survives demurrer (access required)

Where plaintiffs allege, among other things, that every time they go into their backyard after dark, defendant turns on his floodlights, and makes “loud and obnoxious noises” while they are in their back yard, defendant’s demurrer to plaintiffs’ private nuisance ...

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Statute mitigating probationers’ penalties struck down (access required)

Where the General Assembly enacted a statute that prohibits courts from enforcing certain probation violations, the statute violates the separation of powers clause in the Virginia Constitution. Overview A defendant placed on supervised probation is subject to 11 mandatory rules ...

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Plaintiff T-boned after defendant ignored stop sign — $300,000 settlement (access required)

Type of action: Negligence; motor vehicle Injuries alleged: C5-6 disc protrusion causing focal cord compression; concussion; cervical and lumbar strains; right forearm, elbow and abdomen contusions Court: Loudoun County Circuit Court Case no.: CL21001433-00 Date resolved: 4/21/2021 Special damages: Medical ...

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Probable cause to arrest for driving under the influence (access required)

An officer had probable cause to arrest defendant for driving under the influence based on signs that defendant’s alcohol consumption observably affected his “his manner, disposition, speech, muscular movement [and] general appearance or behavior.” Further, despite defendant’s arguments to the ...

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Husband’s spousal support obligation eased (access required)

Where wife’s income and expense worksheet “exaggerates her need for financial support,” the court will modify its previously issued pendente lite spousal support award. Prior proceedings The parties were married in August 2014. They have no children but wife has ...

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Ex-spouse cannot buy interest in marital home (access required)

The court denies defendant’s motion for a declaratory judgment allowing him to buy out his ex-wife’s interest in the former marital home. Overview The parties’ marital settlement agreement, which was incorporated into the final divorce decree on Jan. 19, 2016, ...

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