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 ...

Tagged with: Criminal Judge James P. Fisher Loudoun County Circuit Court Virginia Circuit Courts

A witness who was held in contempt after admitting to using marijuana before testifying at a felony assault trial saw the circuit court partially grant her motion to vacate her conviction. Her 10-day jail sentence, however, was modified to time ...

Tagged with: Criminal Law Judge James P. Fisher Loudoun County Circuit Court Virginia Circuit Courts

Where a homebuyer alleged the former owners concealed a serious mold infestation in the house, she can sue for actual fraud in the inducement, despite the presence of an “as is” clause in the sales contract. Here, said Judge Douglas ...

Tagged with: Fraud Judge Douglas L. Fleming Jr. Loudoun County Circuit Court Real Estate Virginia Circuit Courts

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. ...

Tagged with: Loudoun County Circuit Court Settlement Wrongful Death

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 ...

Tagged with: Civil Practice Judge James P. Fisher Loudoun County Circuit Court Virginia Court Courts

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 ...

Tagged with: Constitutional Judge James P. Fisher Loudoun County Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Auto Accident Loudoun County Circuit Court Settlement

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 ...

Tagged with: Criminal Law Judge James P. Fisher Loudoun County Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Domestic Relations Judge James P. Fisher Loudoun County Circuit Court Virginia Circuit Courts

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, ...

Tagged with: Domestic Relations Judge Jeanette A. Irby Loudoun County Circuit Court Virginia Circuit Courts