Although some factors weigh in defendant’s favor concerning his speedy trial claims, he is not entitled to relief because he has not shown any particularized prejudice. Background A grand jury indicted defendant Edwards and three others on Aug. 4, 2021, ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a lender did not record a notice of default and acceleration as provided for in the promissory note, that did not prevent the lender from foreclosing on the property. Plaintiff refers to the recording requirement as a “precondition to ...

Tagged with: Contract Judge Mary Jane Hall Norfolk City Circuit Court Virginia Circuit Courts

Where petitioner argues he is entitled to habeas relief, alleging that the commonwealth falsely stated at trial that a witness had been subpoenaed, the claim is procedurally barred. Petitioner could have raised it at trial. Further, petitioner has not pleaded ...

Tagged with: Habeas Corpus Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

A writ of eviction obtained by the Virginia Housing Development Authority more than 180 days after being awarded possession of the foreclosed premises is enforceable. A federal COVID-19-related eviction moratorium tolled the 180-day statutory period. Overview Ononuju defaulted on his ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Real Estate Virginia Circuit Courts

Where five defendants are charged with multiple crimes arising from their alleged attack on the victim, the commonwealth’s motion for joinder is granted. The commonwealth has shown good cause, defendants have not shown they will be prejudiced, the court can ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Although a doctor has third-party standing to bring an informed consent claim on behalf of his patients, he lacks standing to bring a claim under the Virginia Health Care Decisions Act. He is not entitled to a temporary injunction because ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a freight carrier retained a refused shipment of roofing materials and eventually sold it at auction, the court awards the freight broker that set up the shipment a judgment for the materials’ value. Overview Port Norfolk Transport (PNT) is ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where police investigators stopped defendant after he disobeyed a stop sign, issued him a warning instead of a ticket, and defendant then admitted he had marijuana in the vehicle in response to one of the investigator’s question, defendant’s motion to ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where plaintiff was assaulted in the lobby of a governmental mental health facility, the court sustains a plea in bar based on governmental immunity filed by defendant community services board. Claims against a private security guard service are dismissed as ...

Tagged with: Judge Everett A. Martin Jr. Norfolk City Circuit Court Personal Injury Virginia Circuit Courts

An internet service provider must pay a city’s business tax assessments because the city began collecting the tax before the effective date of a federal law that bars taxation of internet service access revenues. Background This case involves the interplay ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Taxation Virginia Circuit Courts