Graves v. State


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Docket Number: 2009-CA-00626-COA
Linked Case(s): 2009-CA-00626-COA ; 2009-CT-00626-SCT ; 2009-CT-00626-SCT

Court of Appeals: Opinion Link
Opinion Date: 08-17-2010
Opinion Author: Lee, P.J.
Holding: Reversed and rendered.

Additional Case Information: Topic: Criminal contempt
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Carlton and Maxwell, JJ.
Non Participating Judge(s): Barnes, J.
Concurs in Result Only: Roberts, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 03-12-2009
Appealed from: TUNICA COUNTY CIRCUIT COURT
Judge: Al Smith
Disposition: FOUND IN CONTEMPT OF COURT AND SENTENCED TO TWO DAYS IN JAIL AND FINED $100
Case Number: 2009-0082

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Charles B. Graves, Jr.




STEVEN ELLIS FARESE JR.



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA HOLLAND  

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    Topic: Criminal contempt

    Summary of the Facts: The Tunica County Circuit Court Judge signed orders holding Charles Graves Jr. in contempt of court for issues related to three separate DUI cases, which were on appeal from justice court. Graves is the County Prosecutor for Tunica County. Stan Little represented both the first and second defendants. In the first case, Graves informed the circuit judge that he and Little had agreed to a dismissal. When the circuit judge refused to dismiss the case, Little stated he had not had a chance to view the videotape of his client’s arrest. The circuit judge had previously ordered Graves to provide the videotape to Little. The circuit judge held both attorneys in contempt for being unprepared. In the second case, Little again stated he had not been given an opportunity to view the videotape of his client’s arrest. As in the first case, the circuit judge held both attorneys in contempt for being unprepared. When the circuit judge called the final and third case, Graves informed him that the defendant’s attorney had requested a continuance. Graves had told the attorney he would not object to a continuance but that the attorney should file a motion for a continuance. While the circuit judge held the defendant’s attorney in contempt for failing to appear in court, it is unclear whether he actually held Graves in contempt of court for his conduct in the third case. The circuit judge’s order fined Graves $100 and sentenced him to two days in jail. Graves appeals.

    Summary of Opinion Analysis: Criminal contempt is designed to punish the defendant for disobedience of a court order. This is proper only when the contemnor has wilfully, deliberately and contumaciously ignored the court, or the court’s directive. As Graves was found in contempt for disobeying a court order, this case is a matter of criminal contempt. There are two forms of criminal contempt: direct contempt and constructive contempt. Direct criminal contempt involves words spoken or actions committed in the presence of the court that are calculated to embarrass or prevent the orderly administration of justice. Constructive criminal contempt, however, involves actions which occur outside the presence of the court, and the contemnor must be provided certain procedural due-process safeguards such as notice and a hearing. The record does not show any conduct by Graves that would support a finding of direct criminal contempt. Although Graves failed to follow the circuit judge’s order regarding discovery, the evidence in the record does not prove beyond a reasonable doubt that Graves wilfully, deliberately and contumaciously ignored the court. In addition, Graves’s due-process rights were violated as he was not provided with notice and a hearing.


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