Where a jury found appellant guilty of wounding by mob, the conviction is affirmed. There was sufficient evidence that appellant and two others had a common intent to harm another person, and that appellant “did not abandon or contradict this ...

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

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 ...

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

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 ...

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

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 ...

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

Husband was properly served with a rule to show cause why he should not be held in willful contempt for failing to comply with his financial obligations in the parties’ final divorce decree. The court properly sanctioned husband and awarded ...

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

Even though appellant had never been convicted of a sex crime and had been on probation for “larceny type and fraud type offenses” when he violated his probation, the court properly conditioned his further probation – after serving a one-year ...

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

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 ...

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

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 ...

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

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 ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Mary Grace O'Brien Judge Robert P. Frank Virginia Court of Appeals

Where appellant embezzled cash by taking it over a 25-day period from registers at the department store where he worked, there was sufficient evidence to show appellant formed a separate intent or impulse each time he took money. Separate impulses ...

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