Virginia judges have the authority under a fee-shifting statute to award attorneys’ fees even in cases where the prevailing party is represented by a legal aid lawyer, the Court of Appeals of Virginia has ruled. “It’s a very big case ...

Tagged with: Attorneys Fees Judge Glen A. Huff Judge James W. Haley Jr. Judge Mary Grace O'Brien Virginia Court of Appeals News

Although the commission had previously concluded the employee’s right-knee injury was attributable to a compensable injury, the commission could still consider the employee’s pre-existing condition in evaluating the degree of impairment. Background On March 2, 2009, claimant injured her left ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

Where a mother made significant progress to maintain her sobriety after her children were placed in foster care, but she held approximately 10 different jobs over a two-year period and was unable to demonstrate her ability to maintain a permanent ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

Where the defendant’s counsel learned that the defendant had suffered from mental health issues as a child after the defendant had already validly pleaded guilty to all charges, the defendant could not withdraw his guilty pleas to explore the possibility ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

A firefighter was properly awarded benefits based upon evidence showing he suffered a 74% impairment in his leg. Although the impairment improved after a hip replacement, the court reiterated the functional loss of use is measured by a claimant’s status ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers' Compensation

Although a defendant was not aware that the victim had undergone Eye Movement Desensitization and Reprocessing therapy until after his trial was completed, he was not entitled to a new trial based on after-discovered evidence because the victim had been ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Police officers did not coerce a defendant’s confession when they arrested him immediately upon his discharge from the hospital and began their questioning shortly after he had taken pain medication. Background On Dec. 27, 2015, Andre Marquise Harris was admitted ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Although a lower court affirmed the rejection of a lease transfer through oyster-planting ground to the City of Virginia Beach, the city can proceed with a dredging project because municipalities are among the corporate entities eligible to apply for such ...

Tagged with: Judge Mary Grace O'Brien Municipal Virginia Court of Appeals

A conviction for aggravated involuntary manslaughter was upheld, as it was based on the presence of multiple drugs in the defendant’s system and his admission, after initially denying that he had consumed alcohol or drugs, that he had received a ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Although the wife was in an exclusive, continuous, monogamous relationship with another man following her separation from husband, because they maintained separate residences, the trial court did not err by holding that husband failed to prove the threshold “common residence” ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals