Where appellant moved to have a new prosecutor appointed to determine “whether and, if so, under what circumstances [his probation revocation case] should proceed,” no relief can be ordered because the motion was made more than 21 days after the ...

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

Where a police officer searched a vehicle in which appellee was a passenger based on the suspected presence of marijuana, the trial court properly suppressed evidence discovered during the search, including a handgun that was in a locked glovebox. Discussion ...

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

Where appellant was convicted of two Tier I sexual offenses, the plain language of the relevant statute prevents removal of his name and information from the Virginia Sex Offender Registry. Overview Appellant pleaded guilty to two Tier I sex offenses ...

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

Where appellant was convicted of first-murder, abduction, concealing a dead body and gang participation, there were no evidentiary or instructional errors. Background Appellant Reyes and two others beat the victim to death and then concealed his body in a shallow ...

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

The record supports the Virginia Workers’ Compensation Commission’s findings that claimant’s injuries were not related to a workplace accident. The commission correctly denied his claim for “temporary total disability benefits and lifetime medical benefits from a work accident that occurred ...

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

Where appellant was convicted of misdemeanor assault, the court properly rejected appellant’s version of the events and instead found the complaining witness testified credibly about the incident. Background Appellant rented a room in a house owned by Nozary, the complaining ...

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

There was sufficient evidence to determine that appellant constructively possessed a shotgun found in his truck. His conviction of possession of a firearm by a convicted felon is affirmed. Firearm possession “Appellant’s assignment of error challenges the sufficiency of the ...

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

Where the circuit court denied father’s motion to modify his child support obligations and custody arrangements, none of father’s assignments of error warrant reversal. Statement of case Father is proceeding pro se on appeal. “In his ten assignments of error, ...

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

Where the trial court denied appellant’s motion for pretrial bond, it did so under the correct standard. The court’s letter opinion belies appellant’s assertion that the court “incorrectly relied on the presumption contained in the former version of Code § ...

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

Where appellant left his brain-injured adult son with a friend, without necessary seizure medication and no “concrete plan” for his return, this was sufficient evidence to convict appellant of misdemeanor abuse and neglect of an incapacitated adult. Overview A traumatic ...

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