Supreme Court of the United States · Official docket →
John T. Hardee v. Virginia
IFP petition · Supreme Court of Virginia, No. 250114 · judgment September 4, 2025
Question presented
**How can trial Court grant motion in limine for past bad acts ,when there' s no evidence that ties Petitioner to those injuries;only,-that injuries merely happened to H.W. ^^Commonwealth intentionally used .fabricated, doctored false evidence (screenshot embedded in text messages rather than (2) videos) bat motion in limine and at trial. **Howcan Commonwealth use an inter student from Eastern Virginia Medical School as an expert. ^Commonwealth blind-sided Petitioner with testimony of a witness (Robert ’’Nicholson"), when he ? -was never informed of their intentions to call him as a witness .He was bias and had a clear conflict/ financial interest to testify in bad faith to avoid civil liability. *SHow can Commonwealth present known false evidence, and known perjury by a co-defendant; testif ying that she did'nt know medical; and did'nt receive payment/leniency for her testimony, which were both lies. •^Commonwealth and trial Court illogically claimed Petitioner held H.W. down in porcerlain bathtub; she had burns to her back and buttocks, which would be impossible for her to burn, as those body parts would be suctioned to the porcerlain bottom without a grip pad in the bathtub. ^Corfolk EMT Julie ("Hughes") claimed to have administered Midazolam Hydrochloride(Versed)-a barbiturate,benzodiazepine,sedative,and anti-seizure medication.However, Toxicologist,Connie ("Luckie") said the medication was not detected in H.W.'s body and would have been present. *®Norfoik EMT's failed to administer the medication, and failed to intubate H.W.;creating Acute Hypoxic Ischemic Changes to her brain.Petitioner did'nt cause this Hypoxia to her brain. City of Norfolk is responsible for H.W. *s death. Had they intubated, she would bel alive today. •*®Nicholson and employees failed to maintain hot water heater in a safe manner, which violated the International , United States, and Virginia applicable Plumbing Codes. The water exceeded the maximum safe temperatures of 120°F. The water heater in Petitioner' s home did not have a stop-limit device at the heater or subject water faucet. If it did, it would have been impossible for H.W. to have received her second degree scald burns. *^Xs a result, Virginia Natural Gas^Va. Nat. Gas") ,City of Norfolk, and Sandy Beach Apartments owner, Nicholson, are responsible for H.W. 's burns ;by removing the "Red Tag" without performing proper inspection for compliance;replacing the gas valve without pulling a permit; and by not adding stop-limit device, allowed unforeseeable and illegal temperatures to soar above 130°F and 134°F.
Counsel of record
For petitioner
John T. Hardee
For respondent
Ethan Padilla Fallon
Virginia Office of the Attorney General
Proceedings
- Jun 18 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 11 2026Waiver of right of respondent Virginia to respond filed.
- Jan 23 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2026)
- Dec 09 2025Application (25A654) granted by The Chief Justice extending the time to file until February 1, 2026.
- Nov 20 2025Application (25A654) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to February 1, 2026, submitted to The Chief Justice.