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 ...

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

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 ...

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

The trial court correctly found that husband was not entitled to pay a reduced amount of spousal support. The court’s findings that he was in contempt for failing to pay spousal support and not surrendering certain property to wife are ...

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

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 ...

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

Where there was no medical diagnosis or testimony from claimant that she ever actually injured her shoulder, the Virginia Workers’ Compensation Commission incorrectly awarded her benefits. “[T]here is no credible evidence that she ‘suffered an actual mechanical or structural change ...

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

Where a jury found appellant guilty of wounding by mob, the conviction is affirmed. There was sufficient evidence that appellant and two others had a common intent to harm another person, and that appellant “did not abandon or contradict this ...

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

The Virginia Workers’ Compensation Commission correctly rejected a school district’s argument that a math teacher could return to work despite vision issues arising from her fall in a school parking lot. Overview Claimant suffered a concussion when she fell. She ...

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

The trial court correctly convicted appellant of fraudulently failing to return rental property based on the rental agreement, a demand letter and circumstantial evidence showing appellant’s “evasive and uncommunicative conduct.” Background Taking the evidence in a light most favorable to ...

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

Appellant’s conviction of child neglect is affirmed. There is sufficient evidence that appellant knew his son needed medical care and that his wife was not taking him to scheduled medical appointments. Yet, appellant “did nothing” to obtain medical care for ...

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

Husband was properly served with a rule to show cause why he should not be held in willful contempt for failing to comply with his financial obligations in the parties’ final divorce decree. The court properly sanctioned husband and awarded ...

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