The Court of Appeals upholds a commission decision that a parent who sued for medical malpractice in the birth of her child in 2007 may proceed with that suit, as the child’s injuries do not qualify for compensation for the ...

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

The Court of Appeals affirms a conviction for indecent liberties with a child in a case in which a 19-year-old defendant with Asperger’s syndrome and another teenager were playing with four boys 8 to 10 years old at a playground, ...

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

A trial court did not err in suppressing drugs found on defendant’s person when he was arrested by two police officers who received a radio communication from an officer they were following that defendant had swerved his moped into the ...

Tagged with: Judge Mary Grace O'Brien Search & Seizure Virginia Court of Appeals

The Court of Appeals reverses defendant’s conviction for probation violation, because it finds the circuit court did not have jurisdiction to find defendant in violation. Defendant contends the circuit court did not have jurisdiction on Feb. 20, 2015, to impose ...

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

A defendant’s conviction of DWI un­der Va. Code § 18.2-266 is affirmed; the trial court did not err by failing to suppress defendant’s blood alcohol test result of .196 percent and by admit­ting evidence of the arresting officer’s attempts to ...

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

A trial court erred in denying defen­dant’s motion to withdraw his guilty pleas to six felony charges before new counsel was advised of his appointment and given the opportunity to argue the motion seeking to withdraw the pleas; the Court ...

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

A defendant who pleaded guilty to probation violation wins reversal of a denial of his motion to withdraw his guilty plea and counsel’s motion to withdraw from representation; these motions were filed after defendant filed his notice of appeal, but ...

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

Although a trial court referenced appel­lant’s “alleged history of spousal abuse” and said her crime of shooting her hus­band was a “willful, deliberate, premedi­tated killing with malice,” the trial court did not abuse its discretion in sentencing her to 15 ...

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

A divorce court could incorporate a por­tion of a couple’s property settlement agree­ment into their final divorce decree, and it did not abuse its discretion in not incor­porating the start date of husband’s child support payments in light of his ...

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

A defendant cannot overturn his convic­tion of aggravated malicious wounding in stabbing another man outside a bar with a claim that the trial court erred in quash­ing a subpoena to require a codefendant to testify – after the codefendant’s guilty ...

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