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Tag Archives: Virginia Circuit Courts

All of defendant’s military retirement pay must be divided (access required)

Where defendant, a U.S. Navy retiree, began receiving military retirement pay and later “Concurrent Retirement Disability Pay,” both are military retirement pay that must be divided under the parties’ property settlement. Howell v. Howell, 137 S. Ct. 1400 (2017), which ...

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‘Construction vehicle’ incorrectly defined in enforcement action (access required)

Where the county zoning administrator and the Board of Zoning Appeals determined that landowners were illegally parking and storing construction vehicles on their commercially zoned properties, the ruling is reversed. The administrator and the BZA used an incorrect definition of ...

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Concealed weapon case proceeds in prosecutor’s absence (access required)

Where the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge, defendant’s motion to dismiss, based on the prosecutor’s absence, is denied. The court agrees with a recent circuit court opinion, Commonwealth v. Sangha, 2021 WL 1179859 (Fairfax Cnty. ...

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Not presenting insanity defense was effective assistance (access required)

Defense counsel provided effective assistance by not asserting an insanity defense. Petitioner is denied habeas corpus relief. “Under Strickland v. Washington, 466 U.S. 668, 687 (1984), a petitioner must prove both that his counsel’s performance was deficient and that he ...

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Wrongful termination and related claims go forward (access required)

Where plaintiff was discharged from her bartending jobs at two different Fraternal Order of Eagles clubs, her claims for wrongful termination, a whistleblower violation and tortious interference survive defendants’ demurrers. Plaintiff is granted leave to amend her complaint to plead ...

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Taxpayers have standing to contest upgrade (access required)

Plaintiff taxpayers have standing to challenge a decision by the Fairfax County Board of Supervisors to expend funds to update and modernize the county’s zoning ordinances. Plaintiffs have alleged that the expenditures were made without proper notice, an in-person quorum ...

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Stalking elements not proved in protective order petition (access required)

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

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Order barring support changes is void ab initio (access required)

Where a court order provided that father could not seek a modification of his child support obligation until he became current on his payments, the order is void ab initio because it “diminishes the court’s power to decree support[.]” Voidness ...

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