A school guidance counselor injured in a compensable car accident cannot overturn a commission decision enforcing a termination agreement and denying her request for benefits and penalties pursuant to a June 2005 workers’ compensation award. Forms not entered In January 2006, the ...

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

Although husband claimed he suffered from post-traumatic stress disorder and was hospitalized for depression shortly after failing to appear for a divorce trial, the trial court did not abuse its discretion in refusing to reopen the case on husband’s motion ...

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

A police officer making a lawful traffic stop, who observed marijuana residue on the floorboard throughout the vehicle in which defendant was a passenger, had probable cause to arrest the car’s occupants and to search defendant’s person, the Court of ...

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

The Court of Appeals applies the ends of justice exception to Rule 5A:18 to remand defendant’s case for resentencing, as the jury recommended a 12-month jail sentence on a cocaine possession charge, but the court imposed a sentence of five ...

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

At defendant’s trial for first-degree murder in the fatal shooting of a victim who was shot between 16 and 23 times with three separate handguns, the trial judge did not abuse his discretion in admitting into evidence a photo of ...

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

The Court of Appeals upholds termination of a father’s parental rights to his four children, based on trial court findings that he failed to provide or substantially plan for the children’s future for a period of six months after their ...

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

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