Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Judge Mary Grace O’Brien

Written property settlement trumps oral modifications (access required)

Where the parties each claim the other violated their oral agreement concerning living together and sharing expenses after the final divorce decree was entered, their property settlement agreement, which provides that any modifications must be in writing, controls the resolution ...

Read More »

Invited error doctrine bars appeal in support matter (access required)

Where husband argues the trial court denied his motion to end spousal support without making written findings and conclusions, he waived this argument on appeal when the court stated it considered the statutory factors, offered to elaborate and counsel declined ...

Read More »

Sufficient evidence supports malicious wounding conviction (access required)

The commonwealth presented sufficient evidence to convict appellant of malicious wounding despite his arguments that the victim’s trial testimony was “inherently incredible.” Appellant’s malicious wounding conviction is affirmed. Overview Fisher, the shooting victim, identified appellant, Tucker and Rives as the ...

Read More »

No continuance after fourth lawyer withdrew (access required)

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

Read More »

No ‘Brady’ violation by mid-trial disclosure of criminal record (access required)

The commonwealth’s mid-trial Brady disclosures about a rebuttal witness did not violate appellant’s due process rights or deny him a fair trial. Overview Appellant was convicted of robbery and wearing a mask or hood to conceal his identity. He claims ...

Read More »

Jury correctly instructed on uncorroborated testimony (access required)

Where the trial court instructed the jury that it could convict appellant for rape and forcible sodomy solely on the victim’s uncorroborated testimony “if believed,” this was a correct statement of the law. The convictions are affirmed. Background Appellant met ...

Read More »