Even though a father had a protective order in place against the mother, a circuit judge still was within his discretion to order joint legal custody of the divorced couple’s child, the Court of Appeals has ruled in a case ...

Tagged with: Domestic Relations Judge Bruce D. Albertson Judge Mary Grace O'Brien Rockingham County Circuit Court Virginia Court of Appeals News

Where the defendant acquiesced in the delay of his trial by failing to object to continuances, that delay was chargeable to the defendant so that his subsequent trial date did not violate the Speedy Trial Act. Background Amir Fareed Suluki ...

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

Although the defendant’s conduct, which included his movement as the police officer approached, his proximity to the drugs found underneath his seat and his nervous demeanor, might have been suspicious, they were insufficient to establish beyond a reasonable doubt that ...

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

A defendant was properly convicted of child pornography based on a video of him masturbating on a clothed, sleeping child because nudity of the child is not required, and the video was sexually explicit. The defendant was also properly convicted ...

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

Virginia judges have the authority under a fee-shifting statute to award attorneys’ fees even in cases where the prevailing party is represented by a legal aid lawyer, the Court of Appeals of Virginia has ruled. “It’s a very big case ...

Tagged with: Attorneys Fees Judge Glen A. Huff Judge James W. Haley Jr. Judge Mary Grace O'Brien Virginia Court of Appeals News

Although the commission had previously concluded the employee’s right-knee injury was attributable to a compensable injury, the commission could still consider the employee’s pre-existing condition in evaluating the degree of impairment. Background On March 2, 2009, claimant injured her left ...

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

Where a mother made significant progress to maintain her sobriety after her children were placed in foster care, but she held approximately 10 different jobs over a two-year period and was unable to demonstrate her ability to maintain a permanent ...

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

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