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

Prior convictions involving the defendant’s exposing himself to the significantly younger minor child of a female acquaintance while using a vehicle to facilitate the offense was admissible as proof of his propensity to commit the crime charged. Background On July ...

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

The trial court ordered the appellant to pay restitution for loss directly caused by the offense. Because her conduct resulted in the loss of keys to two vehicles owned by the victim, she was responsible for reprogramming the electronic locks ...

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

A majority of the court reversed a sexual battery conviction, finding the defendant’s conduct in grabbing and twisting the victim’s breasts was insufficient to constitute sexual battery because he did not use “force” in the nonconsensual touching. Background In April ...

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