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

A defendant who, while eluding a police officer, caused an accident that fatally injured another driver, could not escape liability for murder in the commission of a felony by arguing that “gross medical negligence” was the reason for the victim’s ...

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

A husband presented no evidence or legal authority to prove his wife’s 1987 divorce in Peru was not final when he married her in 1988. The Virginia court did not err in granting the wife a divorce. Background Wife’s previous ...

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

The Alcoholic Beverage Control Board exceeded its authority by not deferring to the zoning board and granting a farm winery license to a property that lacked sufficient acreage for agricultural use. Background Brian Bates Farmer began planting grapes on his ...

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

In a victory for local land use regulators, the Court of Appeals of Virginia said the state ABC Board overstepped its authority when it granted a farm winery license for a less-than-two-acre site in Clifton. The decision is likely to ...

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

An optometrist lost his appeal challenging his conviction for sexual battery after a trial on allegations he inappropriately touched more than one complaining witness. Background Three women testified that appellant, a licensed optometrist, inappropriately touching them during eye exams. Appellant ...

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

A suspended doctor failed to demonstrate that he had the medical knowledge and history of professional conduct that warranted his return to the practice of medicine. Background Garada was licensed to practice medicine in Virginia in 1995. On June 4, ...

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