State v. Johnston

757 So. 2d 689, 98 La.App. 1 Cir. 1510, 1999 La. App. LEXIS 2700, 1999 WL 799215
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1999
DocketNo. 98 KW 1510
StatusPublished
Cited by1 cases

This text of 757 So. 2d 689 (State v. Johnston) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Johnston, 757 So. 2d 689, 98 La.App. 1 Cir. 1510, 1999 La. App. LEXIS 2700, 1999 WL 799215 (La. Ct. App. 1999).

Opinions

| ?FOIL, Judge.

We granted certiorari to review the trial court’s ruling adjudging attorney Michele Fournet guilty of direct contempt of court for conduct that occurred during her representation of a criminal defendant in a trial resulting in her client’s acquittal on a charge of second degree murder. The court sentenced Ms. Fournet during the trial to a fine of $100.00. After a thorough review, we deny relator’s application for supervisory relief, concluding that the evidence is sufficient to support the contempt citation.

Relator was found to be in direct contempt of court, which is defined in pertinent part in La.Code Crim. Pro. art. 21 as follows:

A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge; or, a contumacious failure to comply with a subpoena, summons or order to appear in court, proof of service of which appears of record; or, a contumacious failure to comply with an order sequestering a witness.
A direct contempt includes, but is not limited to, any of the following acts:
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(5) Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority[.]

On review of a criminal conviction, the appellate court must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational trier of fact to conclude that every element of the crime was proved beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Captville, 448 So.2d 676, 678 (La.1984). In In re Milkovich, 493 So.2d 1186, 1189 (La.1986), the Louisiana Supreme Court noted the applicability of the Jackson v. Virginia standard in evaluating the sufficiency of the evidence supporting a contempt citation, concluding as follows:

Thus, an appellate court reviewing this conviction of criminal contempt under Article 21(5) must determine that the evidence, viewed in the light most favorable to the prosecution; was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant’s acts constituted contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business |sof the court [691]*691or to impair its dignity or respect for its authority.

The court further noted that “the issue is not whether the judge’s ruling on the objection was correct, but whether relator’s conduct constituted contumacious behavior toward the judge which tended to interrupt the court’s business or to impair the court’s dignity or the respect for its authority, as contemplated by Article 21(5).” Id. at 1195.

In reviewing an attorney’s failure to comply with a court order in State v. Clark, 624 So.2d 422, 424 (La.1993), the Louisiana Supreme Court noted that, “Absent a showing of transparent invalidity or patent frivolity surrounding the order, it must be obeyed until stayed or reversed by orderly review” irrespective of the ultimate validity of the order.

In order to consider Ms. Fournet’s conduct in the proper perspective, it is necessary to review certain facts and the procedural background of the criminal proceeding in which she was involved. Her client, Jeremiah Johnston, who was fifteen years old at the time of the offense, attended Central High in Baton Rouge, Louisiana. The victim, Cory Hurst, a fellow student at Central High, died after Johnston ran over him while driving a van. At the time, Johnston and a friend (Brent Trueil) were involved in a confrontation with Hurst and a group of Hurst’s friends on a street near Johnston’s residence.

Initially, the defense sought to show Johnston feared Hurst because of prior acts of violence by Hurst against Johnston and some of his friends. Johnston did not claim self-defense, but alleged he was so afraid of Hurst that he was attempting to flee the scene of the conflict and accidentally ran over Hurst in his haste to get away. He claimed to have uncovered a significant history of threats and violence by Hurst against him, and to have other evidence of Hurst’s reputation to substantiate his professed fear of Hurst. The state moved to exclude evidence of Hurst’s bad character, since Johnston did not claim self-defense.

The trial court granted the state’s motion in limine, and the defense sought review, claiming the trial court’s ruling “gutted” the defense. This court |4granted relief and ordered the evidence admitted. However, that ruling was later reversed by the Louisiana Supreme Court, and the trial court’s ruling was reinstated.

The actions which gave rise to the contempt citation occurred during the cross-examination by Ms. Fournet of a state witnesses, Shane Miller, one of Hurst’s friends who was present during the confrontation. The questioning took place approximately two weeks after the reinstatement of the trial court’s ruling excluding evidence of Hurst’s bad character. Ms. Fournet attempted to elicit testimony regarding Miller’s participation in an earlier beating of Johnston by Hurst. She asked if Miller had been aware that Hurst was angry at Johnston. Miller acknowledged he had known Hurst was angry. Over the state’s objection, the court allowed counsel to continue to explore the inference that the meeting leading up to the fatal confrontation was not coincidental. However, the court cautioned counsel to stay away from evidence of Hurst’s character in accordance with the prior ruling. Shortly thereafter, counsel inquired why Miller turned his car around so that he could pull up beside Johnston’s vehicle after they had passed each other, Miller referred to an earlier confrontation between Johnston and Hurst at a local Burger King. When counsel attempted to explore that confrontation, the state objected, noting that evidence concerning the incident was covered by the ruling prohibiting introduction of character evidence. The court overruled the objection, but again advised counsel that she should not get into any specific facts reflecting on Hurst’s character. The court specifically warned counsel as follows:

[692]*692THE COURT: SURE. IF YOU ASK ANY QUESTIONS DIRECTLY ASKING HIM TO CONFIRM OR ELABORATE ON ANY CHARACTER EVIDENCE OF THE VICTIM — UH—OR THE EVIDENCE OF THE VICTIM’S CHARACTER, I WILL NOT HESITATE TO FIND YOU IN CONTEMPT BECAUSE I’M TELLING YOU I BELIEVE THAT IS A VIOLATION OF A PRIOR RULING AND SO I’M GOING TO OVERRULE ON THIS.
MS. FOURNET: I UNDERSTAND, YOUR HONOR.

| .^Thereafter, without objection, Miller testified that Johnston had attempted to shake hands and settle his differences with Hurst at the Burger King, but Hurst rebuffed his efforts. The fatal confrontation occurred soon afterward.

The trial was recessed for the day soon after that testimony because this court had granted a stay of the trial pending a decision on the state’s writ application concerning arrest records of state witnesses. The cross-examination of Shane Miller resumed the next day, with counsel questioning Miller’s motive for driving down the street where both Johnston and his friend Brent Trueil resided.

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Related

Stroscher v. Stroscher
845 So. 2d 518 (Louisiana Court of Appeal, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
757 So. 2d 689, 98 La.App. 1 Cir. 1510, 1999 La. App. LEXIS 2700, 1999 WL 799215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnston-lactapp-1999.