Executive orders relating to face mask usage in response to the COVID-19 pandemic did not violate the Virginia Administrative Process Act. The governor issued the executive orders under the Virginia Emergency Law. The EOs are not subject to review under ...

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

Where the parties each claim the other violated their oral agreement concerning living together and sharing expenses after the final divorce decree was entered, their property settlement agreement, which provides that any modifications must be in writing, controls the resolution ...

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

The circuit court had jurisdiction to modify a previous order relating to the equitable distribution of the parties’ retirement benefits, even though the correcting order was entered more than 21 days after the original order. Husband argues on appeal that ...

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

Where husband argues the trial court denied his motion to end spousal support without making written findings and conclusions, he waived this argument on appeal when the court stated it considered the statutory factors, offered to elaborate and counsel declined ...

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

Where the circuit court suppressed the results of a vehicle search because there was no justification for the initial traffic stop, the ruling is reversed. The appellee, as a probationer, had previously signed a broad waiver of his Fourth Amendment ...

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

The commonwealth presented sufficient evidence to convict appellant of malicious wounding despite his arguments that the victim’s trial testimony was “inherently incredible.” Appellant’s malicious wounding conviction is affirmed. Overview Fisher, the shooting victim, identified appellant, Tucker and Rives as the ...

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

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

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

The commonwealth’s mid-trial Brady disclosures about a rebuttal witness did not violate appellant’s due process rights or deny him a fair trial. Overview Appellant was convicted of robbery and wearing a mask or hood to conceal his identity. He claims ...

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

The trial court correctly found that husband was not entitled to pay a reduced amount of spousal support. The court’s findings that he was in contempt for failing to pay spousal support and not surrendering certain property to wife are ...

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

Where the trial court instructed the jury that it could convict appellant for rape and forcible sodomy solely on the victim’s uncorroborated testimony “if believed,” this was a correct statement of the law. The convictions are affirmed. Background Appellant met ...

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