Tag Archives: Judge Mary Grace O’Brien

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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Nanny’s full cost properly added to support award (access required)

The trial court correctly included a nanny’s full salary as a child-care cost when calculating child support guidelines. Wife’s requested child-care costs were employment-related and reasonable. Overview The parties married in 2000 and separated in 2018. They have three minor ...

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‘Substantial assistance’ relief trumps mandatory minimum (access required)

The Court of Appeals of Virginia has agreed with defense counsel that a sentence reduction is possible for a defendant’s assistance to law enforcement despite the mandatory minimum imposed for the underlying crime. The appeals court reversed a Norfolk circuit ...

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Ending support to cohabitating party not unconscionable (access required)

Where the ex-wife was receiving spousal support while habitually cohabitating with another person “in a relationship analogous to a marriage for one year or more,” Code § 20-109, the trial court erred by reducing the support award instead of terminating ...

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No jurisdiction over claim against employer and insurer (access required)

The Workers’ Compensation Commission correctly determined that it lacked jurisdiction to hear a claim by a medical provider against a shipyard and its insurer for payment of services rendered to the shipyard’s employee. Background The employee suffered a compensable injury ...

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