State v. Schloegl

915 N.W.2d 14
CourtCourt of Appeals of Minnesota
DecidedMay 7, 2018
DocketA17-0898; A17-1301
StatusPublished

This text of 915 N.W.2d 14 (State v. Schloegl) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Schloegl, 915 N.W.2d 14 (Mich. Ct. App. 2018).

Opinion

ROSS, Judge

After the state charged Anton Schloegl with domestic assault, the district court issued a no-contact order prohibiting him from having contact with the alleged victim, including in court. After the victim testified against him, Schloegl, who was representing himself, declined to cross-examine her expressly to avoid violating the order. Also during the trial, Schloegl yelled profanities and threw a pitcher. The jury found Schloegl guilty of domestic assault, and the district court found him guilty of criminal contempt for his courtroom misconduct. Because the district court was not required to present the question of Schloegl's criminal contempt to a jury and the circumstances support the contempt finding, we affirm in part. But we hold that Schloegl's right to confront an adverse witness was denied when the district court did not expressly relieve Schloegl of the no-contact order's facial prohibition against having contact with the state's witness during his trial for the purpose of cross-examination. We therefore reverse in part.

*17FACTS

Police arrested Anton Schloegl and the state charged him for allegedly assaulting S.O., his fiancée, during a car trip to Duluth in April 2016. During Schloegl's arraignment on two counts of misdemeanor domestic assault, the district court issued a no-contact order prohibiting Schloegl from having any contact with S.O. The district court orally emphasized, "No contact means no contact whatsoever." It warned that "any attempt to contact her whatsoever" would result in his being "charged with new crimes." It cautioned, "[Y]ou have no idea how many guys never even make it out of jail before they violate these and they find themselves in deeper water." The part of the written order that we focus on here emphasizes that the prohibition against contact with S.O. "applies regardless of whether you are in jail or at the courthouse for a court appearance."

Schloegl discharged his public defender and proceeded to trial without legal counsel. The prosecutor called S.O. as the state's first witness. She testified that while Schloegl drove them toward Duluth she and Schloegl began arguing about her interaction with another man. She said that Schloegl pulled her engagement ring from a necklace around her neck and threw it out the window. She said that he grabbed her hair, struck her in the temple, and forced her head downward and caused it to hit the window. She testified that when Schloegl pulled over and directed her to drive, she ran for help and called police.

When the prosecutor ended S.O.'s direct examination, the district court asked Schloegl if he had any questions for her:

District Court: No questions?
Schloegl: What do you mean questions?
District Court: Do you have any questions that you wanted to ask?
Schloegl: For the person on the stand?
District Court: Yes.
Schloegl: But I have no contact order, so no.
District Court: That's fine. You can step down then, ma'am.
Schloegl: I don't want to get more charges.

The prosecutor then called a police officer to testify. At the close of the state's case, the district court invited Schloegl to present his case, asking whether he intended to call any witnesses. Schloegl responded angrily with two profanities directed at the court. The district court made a record of what happened next: "Mr. Schloegl has been removed from the courtroom after an outburst where he threw a pitcher onto the ground."

The district court instructed the jury the following day, and the jury found Schloegl guilty of both domestic-assault charges. The district court entered convictions of assault and of direct contempt of court for Schloegl's outburst. It ordered Schloegl to serve a 90-day sentence for contempt. At his sentencing for domestic assault, Schloegl moved the district court to vacate the contempt conviction. The district court denied the motion and sentenced him to two concurrent 90-day jail terms for the domestic-assault convictions, which were to run consecutively to the contempt sentence.

Schloegl appeals.

ISSUES

I. Did the district court violate Schloegl's constitutional right to confront witnesses?

II. Did the district court abuse its discretion by finding Schloegl to be in direct criminal contempt for his outburst at trial?

*18ANALYSIS

Schloegl offers three arguments on appeal. He argues first that the district court denied him his Sixth Amendment Confrontation Clause right to cross-examine S.O. He argues second that the district court abused its discretion by finding him in direct criminal contempt without a jury determination and that the circumstances do not warrant the finding or punishment. And he argues third that the district court erred as a matter of law by imposing two sentences for domestic assault when both charges arose from a single behavioral incident. We hold that Schloegl's Sixth Amendment rights were violated, we reject his criminal-contempt challenge, and we do not reach his sentencing challenge.

I

Schloegl argues that the district court violated his right to confront S.O. as a witness against him. The Sixth Amendment's Confrontation Clause states, "In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him...." This procedural guarantee affords every criminal defendant the "opportunity for effective cross-examination." Delaware v. Fensterer , 474 U.S. 15, 20, 106 S.Ct. 292, 294, 88 L.Ed.2d 15 (1985) ; see also Crawford v. Washington , 541 U.S. 36, 57, 124 S.Ct. 1354, 1367-68, 158 L.Ed.2d 177 (2004). Whether a defendant has been denied the right to confrontation is a question we review de novo. State v. Caulfield , 722 N.W.2d 304, 308 (Minn. 2006).

Schloegl argues that the district court violated his confrontation right by failing to inform him that he had the right to cross-examine S.O. despite the no-contact order's apparent restriction prohibiting Schloegl from having any contact with S.O.

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Bluebook (online)
915 N.W.2d 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schloegl-minnctapp-2018.