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Tag Archives: Judge Mary Grace O’Brien

Pre-existing condition can be used in evaluating impairment (access required)

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 ...

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Guilty plea could not be withdrawn to explore potential defense (access required)

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 ...

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Victim’s recollection of assault wasn’t based on therapy (access required)

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 ...

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Confession by defendant on pain medication not coerced (access required)

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 ...

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