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ORNDOFF v. COMMONWEALTH

Record No. 0973-21-4.

896 S.E.2d 826 (2024)

79 Va. App. 676

Katie ORNDOFF, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

February 6, 2024.

Attorney(s) appearing for the Case

Thomas K. Plofchan, Jr. (Westlake Legal Group, PLLC, on briefs), for appellant.

Graham K. Bryant , Deputy Solicitor General ( Jason S. Miyares , Attorney General; Andrew N. Ferguson , Solicitor General; Erika L. Maley , Principal Deputy Solicitor General; Rick W. Eberstadt , Assistant Solicitor General; Craig Stallard , Senior Assistant Attorney General, on briefs), for appellee.

Before Chief Judge Decker, Judges Beales, Huff, O'Brien, AtLee, Malveaux, Athey, Fulton, Ortiz, Causey, Friedman, Chaney, Raphael, Lorish, Callins and White

By opinion dated June 6, 2023, a panel of this Court, with one judge dissenting, reversed the trial court's judgment of summary contempt and vacated the conviction, holding that the trial court violated the defendant's due process rights in exercising the power of summary contempt because the trial judge did not personally observe in open court all the essential elements of the alleged contemptible conduct of testifying while voluntarily intoxicated. See Orndoff v. Commonwealth...

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