The trial court correctly determined that the plea agreement between the commonwealth and appellant was a valid contract, which he entered into knowingly, intelligently and voluntarily. Appellant acted in bad faith in moving to withdraw his pleas, and his motion ...

Tagged with: Criminal Judge Mary Grace O'Brien U.S. District Court - Eastern District

Where appellant was a passenger in a vehicle a police officer stopped after it ran a red light in “high crime, high drug area,” the officer had reasonable suspicion to pat down appellant after smelling marijuana in the vehicle. The ...

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

The trial court correctly determined that appellant’s plea agreement relating to two charges of unauthorized use of a motor vehicle did not bar the commonwealth from later seeking to revoke appellant’s suspended sentences after he violated his probation by committing ...

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

There was sufficient evidence that appellant used force, threat or intimidation to take marijuana from the victim and then shoot him. As a result, appellant was correctly convicted of first-degree murder while committing a robbery and related charges. Overview Appellant, ...

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

Where the child victim testified that appellant, his mother, repeatedly beat his buttocks with a belt and hit other parts of his body when he tried to avoid the blows, this was sufficient evidence to convict appellant of child abuse. ...

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

Where appellant pleaded no contest to a voluntary manslaughter charge, she waived the right to present a self-defense claim. As a result, the trial court correctly barred appellant from presenting character evidence about the victim. Background The commonwealth’s evidence showed ...

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

There is sufficient evidence to uphold the trial court’s determination that an item seized from appellant’s prison cell was a cell phone. Appellant’s conviction  of being a prisoner in possession of a cell phone is affirmed. Analysis “The issue on ...

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

Appellant’s statements to the police before they began considering her as a suspect rather than as an alibi witness were properly admissible absent Miranda warnings. Her post-arrest statements, made after Miranda warnings, were admissible. They were not the product of ...

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

Where a brown recluse spider bit claimant while she was at work, the Virginia Workers’ Compensation Commission’s decision to award her benefits is affirmed. Background Beginning in December 2017, the boiler room in the basement of the building where claimant ...

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

Even though adultery was not raised by a husband in his initial divorce pleadings, the husband could use allegations of adultery to argue for lower alimony payments, the Court of Appeals of Virginia says. The court’s threejudge panel held it ...

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