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Tag Archives: Judge Mary Grace O’Brien

Grabbing woman’s breasts not enough for sexual battery (access required)

A majority of the court reversed a sexual battery conviction, finding the defendant’s conduct in grabbing and twisting the victim’s breasts was insufficient to constitute sexual battery because he did not use “force” in the nonconsensual touching. Background In April ...

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Optometrist guilty of sexual battery (access required)

An optometrist lost his appeal challenging his conviction for sexual battery after a trial on allegations he inappropriately touched more than one complaining witness. Background Three women testified that appellant, a licensed optometrist, inappropriately touching them during eye exams. Appellant ...

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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 ...

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