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 ›

Commonwealth v. McDowell

The court will not suppress the defendant’s statement to a magistrate that “It’s all mine. I f*cked up.” Immediately after his arrest, the defendant invoked his right to remain silent with police. However, when appearing before the magistrate who advised… Read More ›

Bates v. Purdon

Where mediation was a condition precedent to filing suit, an action was improper when the parties didn’t engage in mediation and the defendants didn’t waive their right to enforce it. Here, the plaintiffs suggested mediation and the defendants didn’t respond…. Read More ›

Damtew v. Jeng

A defendant could not appeal from an adverse auto crash judgment in the general district court because he failed to post bond or prove indemnity by his insurer. To qualify for the bond exception under Code §16.1-107, the defendant had… Read More ›