Tag Archives: Judge Richard E. Gardiner

Annual insanity review statute constitutional (access required)

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

Read More »

Nursing licensure matter remanded to board (access required)

Where this court previously dismissed an applicant’s appeal after the Virginia Board of Nursing found her ineligible for an LPN license, on reconsideration, the matter is remanded so the board can address an undecided eligibility argument that she raised in ...

Read More »

Quashed subpoena duces tecum might be revived (access required)

A previously quashed subpoena duces tecum served on a law firm can be revived and served if plaintiff’s post-judgment discovery efforts are unsuccessful in the underlying case and if plaintiff makes certain showings concerning the document’s prior availability. Facts In ...

Read More »

Va. Cir.: Misdemeanor conviction bars felony records expungement (access required)

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

Read More »

Two docs blame each other, jury awards $7M (access required)


After hearing two doctors blame each other for a patient’s death, a Fairfax County jury delivered a $7 million verdict for the patient’s family July 19. The jury tacked on interest from the 2013 date of surgery, making the verdict ...

Read More »