There was sufficient evidence to determine that appellant constructively possessed a shotgun found in his truck. His conviction of possession of a firearm by a convicted felon is affirmed. Firearm possession “Appellant’s assignment of error challenges the sufficiency of the ...

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

Where the circuit court denied father’s motion to modify his child support obligations and custody arrangements, none of father’s assignments of error warrant reversal. Statement of case Father is proceeding pro se on appeal. “In his ten assignments of error, ...

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

Where the trial court denied appellant’s motion for pretrial bond, it did so under the correct standard. The court’s letter opinion belies appellant’s assertion that the court “incorrectly relied on the presumption contained in the former version of Code § ...

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

Where appellant left his brain-injured adult son with a friend, without necessary seizure medication and no “concrete plan” for his return, this was sufficient evidence to convict appellant of misdemeanor abuse and neglect of an incapacitated adult. Overview A traumatic ...

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

Under the totality of the circumstances, there was sufficient evidence that appellant, who was in a vehicle that a police officer stopped after observing a suspected drug transaction, possessed cocaine and a firearm found in the vehicle. Overview Appellant challenges ...

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

Where appellant put his hand on his wife’s neck and squeezed, making difficult for her to breath and leaving a red mark, this was sufficient evidence to convict him of strangulation. Impeded breathing The relevant statute provides that “the Commonwealth ...

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

Where the court’s order dividing husband’s military pension provided that he could not merge his retirement pay with another pension plan, and that he would be required to reimburse wife if any military pay was waived because he elected to ...

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

Where the State Building Code Technical Review Board revoked appellant restaurant’s certificate of occupancy for, among other things, making alterations and additions to the premises without permits, the circuit court correctly upheld the revocation. Overview Zaaki operated a restaurant in ...

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

Where the manager of a Department of Motor Vehicles customer service center was discharged for violating various DMV laws and regulations, and for making false and misleading statements to investigators, he had no due process right to be notified that ...

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

The trial court correctly ruled that father’s $600,000 inheritance was income for purposes of determining his child support obligation. Further, the court acted within its discretion by dividing the inheritance as income over a five-year period until the youngest child ...

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