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Tag Archives: Judge Mary Grace O’Brien

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 ...

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Admission of “Grim Reaper” moniker was harmless (access required)

The court of appeals found that Appellant Montrio Santos Neville’s nickname, “Grim Reaper,” was not harmfully introduced at his trial for murder and heroin distribution because (1) he was not convicted for murder, and (2) sufficient other evidence supported his ...

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Suppression of Statements – Criminal Negligence – Sufficiency of Evidence (access required)

Novotny v. Commonwealth (VLW No. 017-7-239-UP, 8pp.) (O’Brien, J.) Record No. 1489-16-3. On appeal from the Circuit County of Montgomery County. (Long, J.) Holding: Where the appellant-defendant stated at the scene of a fatal car accident that he had taken ...

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Trucker Hits Bicyclist, Changes Critical Fact at Trial (access required)

In this case of involuntary manslaughter resulting from a truck driving over a bicyclist at 10:56 p.m. on a four-lane-highway, the defendant truck driver’s testimony changed over the course of events. The Court of Appeals affirmed appellant’s conviction for involuntary ...

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No Lawyer Fees Under PSA ‘Enforcement’ Clause (access required)

A couple’s property settlement agreement called for wife to submit a Military Qualified Consent Order to divide husband’s military pension, and the court’s modification of wife’s proposed MQCO at husband’s request did not amount to enforcement of the PSA that ...

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