MICHAEL PETERS AND MICHAEL A. WHITE, APPELLANT,

v.

RICHARD "DICK" KELLMAN, (AS CANDIDATE), SHERRY GILLEY ELY (AS CANDIDATE) DRINDA MERRITT (AS CANDIDATE) AS PROPER DEFENDANTS PER STATUTE AND LEVY COUNTY SUPERVISOR OF ELECTIONS, CONNIE ASBELL, MEMBER OF THE LEVY COUNTY CANVASSING BOARD (FORMERLY DISMISSED IN THIS COMPLAINT BY ORDER OF THE COURT WITH PREJUDICE) LEVY COUNTY COMMISSION CHAIRPERSON, NANCY BELL, MEMBER OF THE LEVY COUNTY CANVASSING BOARD, LEVY COUNTY JUDGE, THE HONORABLE TIMOTHY BROWNING, LEVY COUNTY JUDGE, MEMBER OF THE LEVY COUNTY CANVASSING BOARD, APPELLEES

Citator

Cited By

• Plank v. State, 190 So. 3d 594 (Fla. 2016)
  …simply a red herring. In reality, the requirement of counsel and the ‘ timing of the actual contempt hearing have ■ no impact on a judge’s ability to immediately stop the misconduct and take the contemnor into custody. See, e.g., Al-Hakim v. State, 53 So. 3d 1171, 1172-73 (Fla. 2d DCA 2011)- (after a member of the public disturbed the courtroom in response to the public defender’s rejection of adopting a pro se motion, the contemnor was handcuffed and taken into custody and the contempt-proceeding was set fo…

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• Plank v. State, 130 So. 3d 289 (Fla. 1st DCA 2014)
  …to punish the offense immediately or to postpone action until the defendant is afforded an opportunity to present a defense). We recognize that the Second District held in Woods v. State, 987 So. 2d 669 (Fla. 2d DCA 2007), and Al-Halkim v. State, 53 So. 3d 1171 (Fla. 2d DCA 2011), that a defendant has a right to counsel under the Florida Rules of Criminal Procedure in direct criminal contempt proceedings. The Fourth District reached a similar conclusion in Hayes v. State, 592 So. 2d 327 (Fla. 4th DCA 1992)…
• Ned Pole v. State, 198 So. 3d 961 (Fla. 2d DCA 2016)
  …use Plank was a. three-three decision on the right to counsel in a direct contempt proceeding, the supreme court, apparently, did not resolve the certified conflict between the First District in Plank and the Second and Fourth Districts in Al-Hakim, 53 So. 3d 1171; Woods, 987 So. 2d 669; and Hayes, 592 So. 2d 327. Because six justices concurred in an opinion concluding that Mr. Plank’s conduct did not amount to direct criminal contempt, Plank does not require us to dwell much longer on the conflict issue pres…

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Authorities Cited

• Walker v. State, 742 So. 2d 533 (Fla. 3d DCA 1999)
• Dominguez v. Barakat, 609 So. 2d 664 (Fla. 3d DCA 1992)