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Tag Archives: Judge Mary Grace O’Brien

No continuance after fourth lawyer withdrew (access required)

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 ...

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No ‘Brady’ violation by mid-trial disclosure of criminal record (access required)

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 ...

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Jury correctly instructed on uncorroborated testimony (access required)

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 ...

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Evidence did not support shoulder injury award (access required)

Where there was no medical diagnosis or testimony from claimant that she ever actually injured her shoulder, the Virginia Workers’ Compensation Commission incorrectly awarded her benefits. “[T]here is no credible evidence that she ‘suffered an actual mechanical or structural change ...

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Math teacher’s vision issues precluded return to work (access required)

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 ...

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Fraudulent failure to return leased property (access required)

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 ...

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Sufficient evidence supports child neglect conviction (access required)

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 ...

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