Mitchell v. State

580 A.2d 196, 320 Md. 756, 1990 Md. LEXIS 162
CourtCourt of Appeals of Maryland
DecidedOctober 9, 1990
Docket115, September Term, 1989
StatusPublished
Cited by26 cases

This text of 580 A.2d 196 (Mitchell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. State, 580 A.2d 196, 320 Md. 756, 1990 Md. LEXIS 162 (Md. 1990).

Opinions

McAULIFFE, Judge.

Having just been sentenced, and while still standing at the trial table, Timothy Mitchell gave vent to his displeasure by directing a contumelious single-finger gesture at the trial judge. The judge summarily found Mitchell in direct contempt, and sentenced him to an additional term of imprisonment. Mitchell seeks reversal, contending that he was denied due process of law because a summary proceeding was employed, and because the judge who was the object of the insulting gesture conducted the proceeding.

I.

On 29 July 1987, in Baltimore City, Leo O’Rourke was robbed and murdered. Three days later, the Georgia state police stopped Mitchell and Robert Kroening in a vehicle that contained some of the property which had been stolen from O’Rourke. Kroening admitted having been present when O’Rourke was murdered, but said that Mitchell was [759]*759the killer. Kroening ultimately entered into a plea agreement with the State. He agreed to plead guilty to felony murder and to testify against Mitchell, and in return to receive a sentence of life imprisonment with all except 30 years suspended.

Mitchell was indicted for murder, armed robbery, felony theft, and related charges. He was tried before a jury in the Circuit Court for Baltimore City, with Judge Robert I.H. Hammerman presiding. Although Kroening testified that Mitchell had killed O’Rourke, the jury found Mitchell not guilty of all charges except felony theft. At sentencing, it was revealed that Mitchell had an extensive and serious criminal record, and had escaped from a Maryland prison on the day of the murder. Judge Hammerman sentenced Mitchell to 15 years imprisonment — the maximum sentence for felony theft. At one point, when Judge Hammerman began to explain that the sentence he had imposed would be consecutive to another sentence Mitchell was then serving, Mitchell said, “save your speech.” The judge lightly admonished the defendant, and continued with his explanation. Defendant’s counsel then advised his client of various post-judgment rights that he had. The record indicates that the following then occurred:

DEFENDANT’S ATTORNEY: Thank you, Your Hon- or.
THE COURT: That will conclude the hearing.
(Pause.)
THE COURT: Let the record show that I’ve asked [defendant’s attorney] to come back and stand next to the defendant at trial table. I want the record to show that when the defendant was handcuffed and shackled by the three prison guards and they finished the process and were beginning to lead him out of the courtroom, but still standing at the trial table, he turned around 360 degrees [sic] to face me, looked right at me, raised his hands and raised the middle finger right at me and pointed to me in a familiar gesture that is well-known to be a vulgar and obscene gesture and it was saying something. When one [760]*760does that, one is speaking to the person he does it to and it is no different than if one says those words audibly. One is giving a message and saying something vulgar and crude to the individual to whom he is directing that gesture and as I have said, the defendant turned completely around, looked right at me, raised his arms in handcuffs and made that gesture and I was looking right at him. I find him in criminal contempt of court. I am imposing a sentence of five years on the defendant for this contempt. This sentence is to run consecutively to the sentence I have imposed on him today. You may take him away.
DEFENDANT’S ATTORNEY: May I be excused, Your Honor?
THE COURT: Yes, sir.
(Proceedings concluded.)

Sixteen days later, Judge Hammerman modified the contempt sentence, reducing it to five months and 29 days.1 At the same time, he entered an order reciting the facts of the contempt and the disposition. See Maryland Rule P3. The order of contempt closely tracks the description of events that Judge Hammerman originally dictated into the record, with the following addition:

The defendant had previously shown his hostility to the court during the sentencing proceeding. When I ordered the defendant to be unhandcuffed and pointed out the contempt that I had seen and what it was, the defendant at no time suggested that he had done anything different than what the court had seen.

Mitchell appealed his conviction of criminal contempt as well as his conviction of felony theft. The Court of Special Appeals affirmed both convictions in an unreported opinion. [761]*761We granted Mitchell’s petition for certiorari, which presents the single question of whether the trial judge erred in summarily adjudging the defendant in contempt.

II.

Mitchell does not suggest that the conduct attributed to him by Judge Hammerman did not constitute a direct contempt of court. Rather, he argues that under the circumstances of this case it was error to utilize a summary procedure against him. He contends that: 1) the proceeding involving him had concluded and thus there was no need to resort to summary contempt proceedings, and 2) because the trial judge was the target of the insult, he should have disqualified himself.

Criminal contempt is a crime in every fundamental respect. Bloom v. Illinois, 391 U.S. 194, 201, 88 S.Ct. 1477, 20 L.Ed.2d 522 (1968). Accordingly, the Due Process Clause of the Fourteenth Amendment will ordinarily require that a person charged with criminal contempt be given certain fundamental rights available to a defendant in any other criminal case, including notice of the charge, an opportunity to be heard in defense, the right to counsel, and the right to a jury trial in a serious case. See Young v. U.S. ex rel. Vuitton et Fils S.A., 481 U.S. 787, 799, 107 S.Ct. 2124, 2133, 95 L.Ed.2d 740 (1987); Taylor v. Hayes, 418 U.S. 488, 498-500, 94 S.Ct. 2697, 2703-04, 41 L.Ed.2d 897 (1974); Groppi v. Leslie, 404 U.S. 496, 502-03, 92 S.Ct. 582, 586, 30 L.Ed.2d 632 (1972); Bloom v. Illinois, supra, 391 U.S. at 207-08, 88 S.Ct. at 1485; In re Oliver, 333 U.S. 257, 273, 68 S.Ct. 499, 507, 92 L.Ed. 682 (1948). See also State v. Roll and Scholl, 267 Md. 714, 730-31, 298 A.2d 867 (1973). A long-established exception exists, however, in the case of direct contempt.

[I]t is a settled doctrine in the jurisprudence both of England and of this country, never supposed to be in conflict with the liberty of the citizen, that for direct contempts committed in the face of the court, at least one [762]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hammonds v. State
80 A.3d 698 (Court of Appeals of Maryland, 2013)
Espinosa v. State
17 A.3d 754 (Court of Special Appeals of Maryland, 2011)
Arrington v. Department of Human Resources
935 A.2d 432 (Court of Appeals of Maryland, 2007)
King v. State
929 A.2d 169 (Court of Appeals of Maryland, 2007)
Attorney Grievance Commission v. Mahone
920 A.2d 458 (Court of Appeals of Maryland, 2007)
Smith v. State
905 A.2d 315 (Court of Appeals of Maryland, 2006)
In Re Lodico, Unpublished Decision (1-18-2005)
2005 Ohio 172 (Ohio Court of Appeals, 2005)
Archer v. State
859 A.2d 210 (Court of Appeals of Maryland, 2004)
Ashford v. State
750 A.2d 35 (Court of Appeals of Maryland, 2000)
Dorsey v. State
739 A.2d 41 (Court of Appeals of Maryland, 1999)
(1999)
84 Op. Att'y Gen. 73 (Maryland Attorney General Reports, 1999)
Owens v. State
724 A.2d 43 (Court of Appeals of Maryland, 1999)
Barksdale v. State
712 A.2d 562 (Court of Special Appeals of Maryland, 1998)
Hopping v. State
637 N.E.2d 1294 (Indiana Supreme Court, 1994)
Johnson v. State
642 A.2d 259 (Court of Special Appeals of Maryland, 1994)
Betz v. State
635 A.2d 77 (Court of Special Appeals of Maryland, 1994)
Thomas v. State
635 A.2d 71 (Court of Special Appeals of Maryland, 1994)
Sensabaugh v. Gorday
600 A.2d 1204 (Court of Special Appeals of Maryland, 1992)
State v. Brown
597 A.2d 978 (Court of Appeals of Maryland, 1991)
Mitchell v. State
580 A.2d 196 (Court of Appeals of Maryland, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
580 A.2d 196, 320 Md. 756, 1990 Md. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-md-1990.