Attempted petit larceny qualifies as a felony recidivist “third or subsequent offense” under Code § 18.2-104, meriting an enhancement sentence. Background At trial, the Commonwealth presented evidence that Appellant Fred Coleman was attempting to steal a bicycle when the victim ...

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

Evidence was sufficient to convict the defendant of abduction, sex trafficking, and conspiracy when he stayed in a hotel room rented with the victim’s prostitution earnings and coerced her to return after she’d decided to leave. Background The victim, R.S., ...

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

The Workers’ Compensation Commission did not err in declining to infer that a claimant fell due to the condition of the floor where she slipped at work, rather than due to her pre-existing knee condition. Background In 2016, Appellant Sabrina ...

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

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

Tagged with: Administrative Constitutional Due Process Judge Mary Grace O'Brien Municipal Real Estate Real Property Virginia Court of Appeals Zoning

A jury should have been allowed to consider whether it was reasonable for the defendant, charged with possessing a firearm while subject to a protective order, to believe that a JDR court had dissolved the order. Background While Appellant Nicholas ...

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

Even though a domestic violence defendant did not prevent his alleged victim from coming to court, his use of emotional manipulation to silence her was enough to allow her out-of-court statements to be used to convict him, the Virginia Court ...

Tagged with: Judge Glen A. Huff Judge Mary Grace O'Brien Judge Robert J. Humphreys Virginia Court of Appeals

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

Tagged with: Constitutional Criminal Evidence Judge Mary Grace O'Brien Search & Seizure Virginia Court of Appeals

Although a husband did not prove adultery as a basis for divorce, a wife was not necessary the prevailing party in the proceedings, and even if she were, a fee award (or lack thereof) was within the trial court’s sound ...

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

A defendant who claimed she lost her home and her job as a result of two guilty pleas to misdemeanor charges could not withdraw the pleas after sentencing. Background Appellant Tamara Brown pled guilty to two misdemeanors resulting from her ...

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

The circuit court did not err in continuing the defendant’s trial past the speedy-trial deadline when the continuance stemmed from defendant’s (denied) request to present his motion to suppress on the same day as trial. Background On the afternoon of ...

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