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Tag Archives: Judge Mary Grace O’Brien

Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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Trucker Hits Bicyclist, Changes Critical Fact at Trial (access required)

In this case of involuntary manslaughter resulting from a truck driving over a bicyclist at 10:56 p.m. on a four-lane-highway, the defendant truck driver’s testimony changed over the course of events. The Court of Appeals affirmed appellant’s conviction for involuntary ...

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No Lawyer Fees Under PSA ‘Enforcement’ Clause (access required)

A couple’s property settlement agreement called for wife to submit a Military Qualified Consent Order to divide husband’s military pension, and the court’s modification of wife’s proposed MQCO at husband’s request did not amount to enforcement of the PSA that ...

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Statements Suppressed, But Drug Evidence Comes In (access required)

The Court of Appeals upholds a trial court’s decision to suppress statements defendant made to police prior to waiving her Miranda rights, but reverses the lower court’s suppression of evidence seized from a backpack and shaving kit. Social workers made ...

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Claimant Can’t Collect for Commission Mistake (access required)

A school guidance counselor injured in a compensable car accident cannot overturn a commission decision enforcing a termination agreement and denying her request for benefits and penalties pursuant to a June 2005 workers’ compensation award. Forms not entered In January 2006, the ...

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