Supreme Court of Virginia Opinions

Orndoff v. Commonwealth

Docket: 240394

Opinion Date: September 25, 2025

Judge: Stephen R. McCullough

Areas of Law: Civil Procedure, Constitutional Law

Katie Orndoff appeared as a witness for the prosecution in a felony domestic assault jury trial in the Circuit Court for Loudoun County. During her testimony, she repeatedly referenced the defendant’s prior arrests and incarceration, despite admonitions from the court and objections from defense counsel. The circuit court observed that Orndoff’s demeanor was unusual, including rocking in her chair and nearly falling over, and questioned her about possible substance use. Orndoff admitted to smoking marijuana earlier that day. The circuit court found her in summary contempt for “misbehavior in the presence of the court” due to voluntary intoxication, sentenced her to ten days in jail, and declared a mistrial.

Orndoff appealed her contempt conviction to the Court of Appeals of Virginia. A three-judge panel reversed the circuit court’s finding, holding that the trial judge did not personally observe all essential elements of the alleged contempt and improperly relied on Orndoff’s admission rather than direct observation. The panel found that summary contempt was inappropriate and that Orndoff’s due process rights were violated. Upon rehearing en banc, the Court of Appeals was evenly divided, resulting in an affirmance of the circuit court’s judgment without opinion.

The Supreme Court of Virginia reviewed the case and applied an abuse of discretion standard. It held that summary contempt requires the judge to personally observe all essential elements of the misconduct in open court. The Supreme Court found that the evidence did not establish beyond a reasonable doubt that Orndoff was voluntarily intoxicated while testifying, as the circuit court’s findings were contradicted by the record and relied on unreliable admissions. The Supreme Court reversed the judgment of the Court of Appeals, reversed the circuit court’s contempt finding, and vacated Orndoff’s conviction.
DOWNLOAD PDF FILE
https://cases.justia.com/virginia/supreme-court/2025-240394.pdf?ts=1758803076