Choate v. State.655

2021 Ark. App. 397

• Court: Court of Appeals of Arkansas
• Decided: October 20, 2021
• Status: Published

Opinion

Cite as 2021 Ark. App. 397 Elizabeth Perry I attest to the accuracy and ARKANSAS COURT OF APPEALS integrity of this document DIVISION I 2023.07.12 12:50:24 -05'00' No. CR-20-655

2023.003.20215 Opinion Delivered October 20, 2021 MARY CHOATE APPELLANT APPEAL FROM THE MILLER V. COUNTY CIRCUIT COURT [NO. 46JV-19-112] STATE OF ARKANSAS & T.J. APPELLEES HONORABLE KIRK JOHNSON, JUDGE

REVERSED AND DISMISSED IN PART; DISMISSED IN PART

RITA W. GRUBER, Judge

Mary Choate appeals from an order entered on October 30, 2020, by the Miller

County Circuit Court finding her in criminal contempt for conduct that occurred in the

courthouse hallway during juvenile proceedings on August 21, 2019. She also appeals a

restraining order entered on September 5, 2019, arising out of the same conduct. Because

she did not timely appeal from the restraining order or designate the order in her notice of

appeal, we dismiss the appeal related to that order. Regarding the October 2020 order

finding her in contempt, she argues that the evidence did not rise to the level of

contemptuous conduct and that the court erred in finding her in contempt. Because the

facts, issues on appeal, and arguments are identical to those presented in Choate v. State, 2021

Ark. App. 402, which we also hand down today, we find it unnecessary to restate them herein. Furthermore, on the basis of our reasoning set forth in the companion case, we

reverse and dismiss.

Reversed and dismissed in part; dismissed in part.

WHITEAKER and VAUGHT, JJ., agree.

Jason Owens Law Firm, P.A., by: Jason E. Owens, for appellant.

Leslie Rutledge, Att’y Gen., by: Rachel Kemp, Sr. Ass’t Att’y Gen., for appellee.