The Virginia Court of Appeals has granted a petition filed by the state attorney general for an en banc panel to rehear issues raised after a witness was held in criminal contempt for “misbehavior in the presence of the court” for allegedly testifying after smoking marijuana earlier that morning.

Last month, the Virginia Attorney General’s Office filed a petition requesting that the appellate court set aside a 2-1 judgment issued June 6, in which the majority held that the circuit court impermissibly exercised the power of summary contempt in violation of the witness’s rights to notice of the contempt charge, a fair hearing, and representation by counsel.