Virginia Circuit Courts

Parada-Segova v. Barlow

The defendant, an employee of Fairfax County, is entitled to sovereign immunity as to the plaintiff’s claim of simple negligence. The suit arises from the plaintiff’s allegations that the defendant struck her with his vehicle while she was crossing an… Read More ›

Groff v. Lawson

The plaintiff’s negligence claim against a Westfield school resource officer must be dismissed on grounds of sovereign immunity. The officer heard a report that students were “fleeing” the school, where an all-night graduation was being held. He considered the situation… Read More ›

Hyat v. Hina

The court lacks jurisdiction to enter a child custody order in this divorce action. A prior order from the Fairfax Juvenile and Domestic Relations District Court determined child custody within six months after the child left the Commonwealth. At this time,… Read More ›

Forge LLC v. Pearson

Because a confessed judgment was in an amount larger than that provided for in the parties’ agreement, the court lacked jurisdiction to grant the confessed judgment. Therefore, it is void ab initio. There is no dispute that the confessed judgment amount… Read More ›

Wallington v. Wallington

In this divorce case, the couple was legally married despite initial circumstances of bigamy. Although the parties’ marriage initially was void due to the wife’s prior marriage, applicable Texas law breaths life into a void marriage under certain conditions. Here,… Read More ›

Commonwealth v. Gregg

Under Code § 19.2-243, a tolled speedy-trial clock resumes running once a defendant is subsequently taken into custody and incarcerated in Virginia, regardless the reason for the detention. Here, the defendant failed to appear in court, a bench warrant for her… Read More ›

B.B. v. T.B.

In this divorce case, the plaintiff has no valid Fifth Amendment privilege against self-incrimination as to any acts of adultery that occurred more than one year ago. In Virginia, adultery is a Class 4 misdemeanor, punishable by a fine of… Read More ›

Commonwealth v. Jordan

Although the court previously suppressed an out-of-court “show-up” identification of a defendant charged with armed robbery, the court need not suppress subsequent in-court identifications, which have an independent basis. Further, despite the unconstitutional show-up identification, probable cause existed to arrest… Read More ›

Nassabeh v. Montazami

In the sale of the marital residence in underlying divorce proceedings, a Special Commissioner will be held personally liable under Code § 8.01-105 for failure to comply with his fiduciary duties, in the amount of $79,452. The Commissioner was to… Read More ›

Commonwealth v. Belete

Code s. 19.2-182.5 does not violate the Due Process Clause as applied to the committed defendant, who on early charges of felony larceny was found not guilty by reason of insanity. Here, the acquittee was previously committed for four years… Read More ›