Quantcast

Tag Archives: Judge Mary Grace O’Brien

CAV: Attempt is “punished as larceny,” qualifying for enhancement (access required)

Attempted petit larceny qualifies as a felony recidivist “third or subsequent offense” under Code § 18.2-104, meriting an enhancement sentence. Background At trial, the Commonwealth presented evidence that Appellant Fred Coleman was attempting to steal a bicycle when the victim ...

Read More »

CAV: Record supported pre-existing pain as cause of fall (access required)

The Workers’ Compensation Commission did not err in declining to infer that a claimant fell due to the condition of the floor where she slipped at work, rather than due to her pre-existing knee condition. Background In 2016, Appellant Sabrina ...

Read More »

CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

Read More »

CAV: “Reasonable reliance” defense applied to court order (access required)

A jury should have been allowed to consider whether it was reasonable for the defendant, charged with possessing a firearm while subject to a protective order, to believe that a JDR court had dissolved the order. Background While Appellant Nicholas ...

Read More »

Man’s witness tampering waives right to confront (access required)

witness_fea

Even though a domestic violence defendant did not prevent his alleged victim from coming to court, his use of emotional manipulation to silence her was enough to allow her out-of-court statements to be used to convict him, the Virginia Court ...

Read More »

CAV: Failure to follow police commands justified seizure (access required)

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

Read More »

CAV: Defense counsel’s motion caused speedy-trial violation (access required)

The circuit court did not err in continuing the defendant’s trial past the speedy-trial deadline when the continuance stemmed from defendant’s (denied) request to present his motion to suppress on the same day as trial. Background On the afternoon of ...

Read More »