Tag Archives: Judge Mary Grace O’Brien

Math teacher’s vision issues precluded return to work (access required)

The Virginia Workers’ Compensation Commission correctly rejected a school district’s argument that a math teacher could return to work despite vision issues arising from her fall in a school parking lot. Overview Claimant suffered a concussion when she fell. She ...

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Fraudulent failure to return leased property (access required)

The trial court correctly convicted appellant of fraudulently failing to return rental property based on the rental agreement, a demand letter and circumstantial evidence showing appellant’s “evasive and uncommunicative conduct.” Background Taking the evidence in a light most favorable to ...

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Sufficient evidence supports child neglect conviction (access required)

Appellant’s conviction of child neglect is affirmed. There is sufficient evidence that appellant knew his son needed medical care and that his wife was not taking him to scheduled medical appointments. Yet, appellant “did nothing” to obtain medical care for ...

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Evidence properly admitted at internet sex crimes trial (access required)

Appellant’s motion to suppress his sexually explicit internet chats with a police officer, who was posing as a 13-year-old girl, was correctly denied. The electronic communications were not obtained in violation of the wiretap act. Further, appellant was not in ...

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Confrontation right not violated in probation case (access required)

Where appellant’s probation officer was no longer employed by the probation office when the court held appellant’s probation violation hearing, his confrontation rights were not violated when a substitute probation officer appeared and testified instead. Overview Appellant was on supervised ...

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Previously available evidence dooms actual innocence writ (access required)

The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank ...

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