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Tag Archives: Judge Mary Grace O’Brien

Protective order is no bar to joint custody (access required)

Divorce Decree FEA

Even though a father had a protective order in place against the mother, a circuit judge still was within his discretion to order joint legal custody of the divorced couple’s child, the Court of Appeals has ruled in a case ...

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Guilty plea could not be withdrawn to explore potential defense (access required)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