In Re Arnold Ragas

CourtCourt of Appeals of Georgia
DecidedJune 15, 2021
DocketA21A0237
StatusPublished

This text of In Re Arnold Ragas (In Re Arnold Ragas) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Arnold Ragas, (Ga. Ct. App. 2021).

Opinion

FIFTH DIVISION MCFADDEN, C. J., RICKMAN, P. J., and SENIOR APPELLATE JUDGE PHIPPS

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

DEADLINES ARE NO LONGER TOLLED IN THIS COURT. ALL FILINGS MUST BE SUBMITTED WITHIN THE TIMES SET BY OUR COURT RULES.

June 8, 2021

In the Court of Appeals of Georgia A21A0237. IN RE RAGAS.

MCFADDEN, Chief Judge.

Arnold Ragas appeals from the trial court’s order finding him in criminal

contempt of court. Because the evidence was insufficient to find him in criminal

contempt, we reverse.

1. Facts and procedural history.

In reviewing a criminal contempt conviction, we consider “whether after

viewing the evidence in the light most favorable to the prosecution, any rational trier

of fact could have found the essential elements of the crime beyond a reasonable

doubt.” In re Irvin, 254 Ga. 521, 526 (2) (328 SE2d 215) (1985).

So viewed, the evidence showed that Ragas represented a defendant, Ricky

Taylor, in three criminal proceedings in which Taylor entered a global plea agreement. Among other things, Taylor’s sentence required him to complete a twelve-

month Extension Residential Recovery Program. As part of the sentence, Taylor was

to “remain in jail until accepted and space is available.” The prosecutor handwrote

that requirement on the sentencing order and underlined the phrase “remain in jail”

so that the sheriff’s office would know that Taylor could not be released from jail

unless he had been accepted into the rehabilitation program and space was available

for him.

On November 27, 2019, the Wednesday before Thanksgiving, Ragas picked

up Taylor and drove him to a treatment center where he was interviewed but not

accepted into a rehabilitation program due to a lack of available bed space. Ragas

then drove Taylor to a restaurant and left him there with Taylor’s brother.

On December 3, Ragas appeared in court on unrelated matters before the judge

who had sentenced Taylor. At that time, he did not inform the court or the district

attorney’s office about what had occurred with Taylor the previous week.

On December 4, Taylor failed to report to his probation officer, who informed

Ragas that she was going to take out an arrest warrant for him. The next day, Ragas

contacted the trial court and the prosecutor by email. He told them what had happened

with Taylor after he picked up the defendant from jail and sought clarification from

2 the court about whether Taylor would be arrested if he reported to probation. An

arrest warrant was issued that day. At he time of Ragas’s contempt hearing Taylor

remained at large.

The trial judge issued a criminal contempt citation against Ragas based on what

she deemed to be “acts of disregard for or disobedience to the order of the [c]ourt”

and Ragas’s “lack of candor” with the court between the date of the defendant’s

release (November 27) and the date of Ragas’s email to the court (December 5). The

trial judge asserted that Taylor’s sentence clearly required him to remain in custody

until he was accepted into the treatment center and space was available for him; she

never gave Ragas permission to take Taylor anywhere other than the treatment center

and Ragas should have returned Taylor to jail when he learned Taylor would not be

accepted into the center; and Ragas should have communicated with her sooner about

what had happened with Taylor.

The trial judge recused herself, and the newly-assigned judge conducted a

hearing on the contempt citation. At the conclusion of the hearing, she stated that the

burden of proof was “clear and convincing evidence, and I find clear and convincing

evidence.” The court then issued an order that found Ragas in criminal contempt of

3 court for the reasons alleged in the citation, and concluded that Ragas’s actions were

willful. The order did not address the standard of proof for criminal contempt.

On appeal, Ragas argues that the trial court applied the wrong standard of proof

and that the evidence was insufficient to support his criminal contempt conviction.

As detailed below, we agree with both claims of error.

2. Standard of proof.

A conviction for criminal contempt requires proof beyond a reasonable doubt.

In re Crane, 253 Ga. 667, 670 (2) (324 SE2d 443) (1985). In this case, the trial

court’s only statement as to the standard of proof was erroneous, and she never

corrected herself.

Under most circumstances, this error would require us to vacate the order and

remand the case for the trial court to apply the proper standard to the existing record,

even though Ragas did not object to the trial court’s mention of the incorrect standard

at the hearing. See Mathis v. Corrugated Gear & Sprocket, 263 Ga. 419, 421 (5) (435

SE2d 209) (1993) (where record does not indicate whether trial court applied the

beyond-a-reasonable-doubt standard, we must vacate the judgment of contempt and

remand the case to the trial court for application of that standard); In re A. S., 293 Ga.

App. 710, 712-173 (2) (667 SE2d 701) (2008) (because adjudication under erroneous

4 standard of proof raised a question of whether juvenile, who had been adjudicated

delinquent, was deprived of a fair trial, the case was remanded for application of the

correct standard even though juvenile had not objected to incorrect standard).

But remand for application of the correct standard is not appropriate where the

evidence is legally insufficient to support the conviction, because the state cannot

rectify evidentiary deficiencies on remand. See Brantley v. State, 272 Ga. 892, 893

(536 SE2d 509) (2000) (under Double Jeopardy Clause, remand for further

proceedings is inappropriate if evidence is legally insufficient to support conviction);

Tanks v. State, 292 Ga. App. 177, 178 (663 SE2d 812) (2008) (protection of Double

Jeopardy Clause attaches in nonsummary criminal contempt proceeding).

Ragas enumerated as error the sufficiency of the evidence. That enumeration

is wholly proper. Review of the sufficiency of the evidence is a core responsibility

of an appellate court. Indeed, until recently, our Supreme Court reviewed the

sufficiency of the evidence in all murder cases, and continues to do so in death-

penalty cases — whether or not the appellant had raised the issue. Davenport v. State,

309 Ga. 385, 392 (4) (846 SE2d 83) (2020).

Of course, when an appellate court reviews the sufficiency of the evidence, it

does so with due deference to the role of the fact finder. That deference is

5 accomplished by adhering to the applicable standard of review. Under the standard

applicable here, “we accept the trial court’s findings on disputed facts and credibility

of witnesses unless clearly erroneous, but independently apply the legal principles to

the facts.” Doricien v. State, 310 Ga. 652, 656 (3) (853 SE2d 120) (2020) (citation

omitted). In Georgia, unlike the federal appellate courts, the clearly-erroneous

standard is synonymous with the any-evidence standard. Hall v. Ault, 240 Ga. 585,

586 (242 SE2d 101) (1978).

If the evidence, viewed under that deferential standard, is legally insufficient,

a reviewing court must find it so, in which case, under the Double Jeopardy Clause,

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Related

Burks v. United States
437 U.S. 1 (Supreme Court, 1978)
In Re Crane
324 S.E.2d 443 (Supreme Court of Georgia, 1985)
Tanks v. State
663 S.E.2d 812 (Court of Appeals of Georgia, 2008)
Mathis v. Corrugated Gear & Sprocket, Inc.
435 S.E.2d 209 (Supreme Court of Georgia, 1993)
In Re Irvin
328 S.E.2d 215 (Supreme Court of Georgia, 1985)
Hall v. Ault
242 S.E.2d 101 (Supreme Court of Georgia, 1978)
Allen v. Lefkoff, Duncan, Grimes & Dermer, P.C.
453 S.E.2d 719 (Supreme Court of Georgia, 1995)
Salter v. Greene
486 S.E.2d 650 (Court of Appeals of Georgia, 1997)
Hixon v. State
553 S.E.2d 333 (Court of Appeals of Georgia, 2001)
In Re Hadaway
659 S.E.2d 863 (Court of Appeals of Georgia, 2008)
Brantley v. State
536 S.E.2d 509 (Supreme Court of Georgia, 2000)
Fugitt v. State
330 S.E.2d 714 (Supreme Court of Georgia, 1985)
Marcus v. State
290 S.E.2d 470 (Supreme Court of Georgia, 1982)
American Express Co. v. Baker
383 S.E.2d 576 (Court of Appeals of Georgia, 1989)
Bootery, Inc. v. Cumberland Creek Properties, Inc.
517 S.E.2d 68 (Supreme Court of Georgia, 1999)
In Re Bowens
706 S.E.2d 694 (Court of Appeals of Georgia, 2011)
MURPHY Et Al. v. MURPHY
767 S.E.2d 789 (Court of Appeals of Georgia, 2014)
SULLIVAN v. BUNNELL Et Al.
797 S.E.2d 499 (Court of Appeals of Georgia, 2017)
Wilkerson v. Tolbert
238 S.E.2d 338 (Supreme Court of Georgia, 1977)

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