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John T. Hardee v. Virginia

IFP petition · Supreme Court of Virginia, No. 250114 · judgment September 4, 2025


Pending

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

Case

Conference history
Distributed for 1 conference

Linked docket
25A654

Proceedings

  1. Jun 18 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 11 2026
    Waiver of right of respondent Virginia to respond filed.
  3. Jan 23 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2026)
  4. Dec 09 2025
    Application (25A654) granted by The Chief Justice extending the time to file until February 1, 2026.
  5. Nov 20 2025
    Application (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.