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 ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Administrative Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

A judgment-creditor plaintiff may have the ability to obtain discovery from the attorney of a judgment-debtor in instances where the plaintiff’s attorney can prove the documents could have been obtained from the defendant by a court process when they were ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

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 ...

Tagged with: Fairfax County Circuit Court Judge Richard E. Gardiner Karen Ebersole Les S. Bowers Medical Malpractice Richard S. Pergolizzi