Where defendant has moved for a sentence modification after completing several substance abuse treatment programs, the court finds that it has jurisdiction to hear the motion and that the programs meet statutory requirements. Overview Defendant Spangler is currently serving two ...

Tagged with: Criminal Judge K. Mike Fleenor Jr. Virginia Circuit Courts

The court overrules defendants’ demurrer to a negligent entrustment claim arising from their son’s fatal shooting of two people. Plaintiff’s amended complaint alleges, in the court’s words, that “[d]efendants left their firearms unsecured and unlocked in the basement, giving [defendants’ ...

Tagged with: Civil Practice Judge Penney S. Azcarate Virginia Circuit Courts

Where the site of the decedent’s electrocution was the city of Galax in Carroll County, Va., a defense motion to change venue from the city of Richmond to Carroll County is denied. The inconvenience of witnesses traveling from Carroll County ...

Tagged with: Civil Practice Judge Jacqueline S. McClenney Virginia Circuit Courts

Where the father and grandmother appealed a JDR court’s award of custody to a child’s maternal aunt, the circuit court held that the aunt has failed to satisfy the high burden to rebut the presumption that custody should be awarded ...

Tagged with: Family Law Judge David W. Lannetti Virginia Circuit Courts

In a matter of first impression, the Fairfax County Circuit Court ruled that psychological reports from a sanity evaluation that have been admitted into evidence in support of an uncontested not guilty by reason of insanity plea “should be, and ...

Tagged with: Criminal Judge Randy I. Bellows Virginia Circuit Courts

Where psychological reports from defendant’s sanity evaluation were admitted into evidence, the reports are “open to public inspection.” Overview Defendant pleaded not guilty to charges of second-degree murder and violating a protective order. He pleaded not guilty. A grand jury ...

Tagged with: Criminal Judge Randy I. Bellows Virginia Circuit Courts

Where the Seventeenth Senate District Legislative District Committee (17th SD LDC) of the Republican Party of Virginia voted to hold a primary election to nominate a candidate, plaintiff, the chairperson of the 17th SD LDC, is entitled to a writ ...

Tagged with: Elections Judge Claire G. Cardwell Virginia Circuit Courts

Where petitioners seek to convene a grand jury under Code § 48-1 to investigate the management of the commonwealth attorney’s office for the city of Norfolk, the petition is dismissed. The statute pertains to public or common nuisances, and the ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Virginia Circuit Courts

Where plaintiff and her now-deceased husband signed a premarital agreement in which each party disavowed any interest in the other’s assets, the agreement is enforceable despite plaintiff’s arguments that she did not voluntarily make the agreement and that it is ...

Tagged with: Domestic Relations Judge Penney S. Azcarate Virginia Circuit Courts

An employee’s claim has survived demurrer after the trial judge held that Virginia’s wage claim statute would apply retroactively where the employee claimed he was owed wages from both before and after the statute was amended in 2020. Judge Kevin ...

Tagged with: Employment Judge Kevin M. Duffan Virginia Circuit Courts