Jerry Paul v. Robert Pleasants, Etc., North Carolina Civil Liberties Union Foundation, Inc., Amicus

551 F.2d 575, 1977 U.S. App. LEXIS 14487
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 2, 1977
Docket76-1734
StatusPublished
Cited by8 cases

This text of 551 F.2d 575 (Jerry Paul v. Robert Pleasants, Etc., North Carolina Civil Liberties Union Foundation, Inc., Amicus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jerry Paul v. Robert Pleasants, Etc., North Carolina Civil Liberties Union Foundation, Inc., Amicus, 551 F.2d 575, 1977 U.S. App. LEXIS 14487 (4th Cir. 1977).

Opinions

K. K. HALL, Circuit Judge:

Jerry Paul, a North Carolina attorney, and appellant, was lead defense counsel in the highly publicized murder prosecution of Joan Little, a young black accused and acquitted of murdering her middle-aged white jailor. Following the acquittal, the trial judge held appellant in contempt of court and sentenced him to serve fourteen days in jail for conduct which occurred during the course of jury selection.

Appellant promptly sought habeas corpus relief in the Wake County Superior Court, but relief was denied. The Court of Appeals of North Carolina granted review but affirmed the decision below. In re Paul, 28 N.C.App. 610, 222 S.E.2d 479 (1976). The North Carolina Supreme Court denied discretionary review. In re Paul, 289 N.C. 614, 223 S.E.2d 767 (1976).

Concurrent with the state appeals, appellant had filed and, following the denial of the state appeal, pressed his application for a writ of federal habeas corpus pending in district court in the Eastern District of North Carolina. The federal habeas corpus application asserted the same errors which were set forth but rejected in the state appeals. Relief was denied on May 12, 1976, a certificate of probable cause to appeal was granted, and this appeal followed.

Appellant sets forth four grounds for reversal, namely: (1) his conduct during voir dire was noncontemptuous and constitutionally protected; (2) assuming his conduct was contemptuous, he did not receive adequate notice and an opportunity to be heard prior to sentencing in violation of due process; (3) a hearing should have been held prior to a determination that the conduct was found to be contemptuous; and (4) the contempt matter should have been referred to a different judge for disposition. Not assigned by appellant on appeal here and raised only by amicus curiae and therefore deemed abandoned was the contention that N.C.G.S. § 5-1(1), the contempt statute, was unconstitutional. We affirm.

I.

THE CONTEMPT

On July 14, 1975, prior to the individual examination of the prospective jurors on [577]*577voir dire, the trial judge specifically admonished appellant against vocally continuing to object in a critical fashion once the court had ruled on a particular matter. See: In re Paul, 28 N.C.App. 610, 222 S.E.2d 479, 480 (1976). Nevertheless, on July 15, 1975, during the individual examination of a prospective juror, appellant, who already had spent extensive time on voir dire, persisted in objecting to what he believed to be an unwarranted narrowing of the scope of the admittedly non-traditional voir dire when certain state objections were sustained. The trial court noted that defense counsel had made an adequate record for appellate purposes, suggested he move to continue his broad “non-traditional” method of voir dire, which was done, and the court thereafter denied the motion.

Appellant still persisted in criticizing the court’s ruling asserting that the court was biased, that the court’s ruling made no sense and that the judge was deliberately favoring the state. Appellant concluded as .follows:

MR. PAUL: And at this point we ask your Honor to recluse [sic] yourself because I don’t think you are capable of giving Joan Little a fair trial and I don’t intend to sit or stand here and see an innocent person go to jail for any reason and you can threaten me with contempt or anything else, but it does not worry me.
COURT: All right, you got that in the record.
MR. PAUL: And to sit there and say like the queen of hearts off with the heads because the law is the law is to take us back a hundred years.
COURT: All right.
MR. PAUL: And we intend to ask these questions. Now your Honor, they can object and you can sustain, but we intend to keep on asking the questions and in order for the appellate court to rule whether or not they were proper questions we have to ask the questions. It is apparent I’m quite disgusted with the whole matter, whole matter of ever bringing Joan Little to trial anyway.
There has been one roadblock after another and one attempt after another to railroad Joan Little and I am tired of it. Now we intend to ask these questions and you can sustain the objections if you want to but the appellate court cannot make a ruling on whether or not they were proper questions unless the questions are asked.
COURT: All right, you have said that twice. I haven’t said you couldn’t ask the questions.
MR. PAUL: And the appellate courts cannot make a judgment on whether or not the questions would have been relevant unless they get the witness’ answer into the record.
COURT: Well, I’ll pass on that. Are you through?
MR. PAUL: I’m through for the moment but not through for this trial.

The day after this incident, the court furnished appellant with a verbatim transcript of his remarks from the previous day and, on July 21,1975, advised appellant that he would be cited for contempt following the jury verdict. Appellant was informed that the contempt order was prepared on August 9,1975, and on August 12,1975, was told that the court would hear a statement from him following the jury charge. The court again informed appellant that the contempt citation would be issued after the verdict.

On August 15,1975, the court gave appellant the opportunity to speak on two occasions in his own behalf. First, after the jury was charged, the trial judge complimented all counsel including appellant who then presented a philosophical explanation to the court regarding non-violence and his strong emotional attachment to the case at bar. He candidly admitted his emotional state, his outspokenness, and his fervor for what he believed was correct. He did not deny the contemptuous statements.

The jury returned with its verdict and was discharged, whereafter the judge rendered his findings of fact and conclusions of law regarding the contempt. See In re Paul, 28 N.C.App. 610, 222 S.E.2d 479, 480-[578]*578481 (1976) for a full recitation of the findings. The court then found that appellant had disregarded the court’s admonition not to continue to vocally criticize the court’s rulings once rendered, had addressed the court in a loud, angry, and disrespectful manner, and indeed had even turned his back to the court and addressed the news media in the courtroom in a loud voice when, as above-quoted, appellant analogized the court to the tyrannical queen in Alice in Wonderland. The court also found that the statements were made in a disruptive manner and were an apparent attempt to force the court to declare a mistrial.

The trial judge nevertheless assured appellant that he harbored no personal animosity towards him, but that the contempt citation was necessary to preserve courtroom decorum and gave appellant a second opportunity to address the court.

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Bluebook (online)
551 F.2d 575, 1977 U.S. App. LEXIS 14487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-paul-v-robert-pleasants-etc-north-carolina-civil-liberties-union-ca4-1977.