KARL ALAN SCHOENWALDER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Karl Schoenwalder petitioned for habeas corpus relief challenging his ninety-day sentence for direct criminal contempt imposed by the trial court. While the appellate court agreed that his disruptive courtroom conduct constituted criminal contempt, it granted relief because the trial court failed to provide him with the opportunity to present evidence of excusing or mitigating circumstances as required by Florida Rule of Criminal Procedure 3.830.
While Schoenwalder's conduct clearly constituted direct criminal contempt, his conviction must be vacated because the trial court failed to provide him with the constitutionally required opportunity to present evidence of excusing or mitigating circumstances before adjudication. The trial court's failure to afford this opportunity constitutes fundamental error.
[1] A direct criminal contempt occurs when a person uses court proceedings to advance a personal agenda and usurp the objective of the proceedings.
[2] A trial court commits fundamental error by failing to afford a defendant the opportunity to present evidence of excusing or mitigating circumstances before adjudicating g…
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Join FLexlaw to unlock all legal intelligence“Before being adjudicated guilty of his contemptible behavior, Petitioner was entitled to "the opportunity to present evidence of excusing or mitigating circumstances." 1 Fla. R. Crim. P. 3.830.”
Establishes the mandatory procedural requirement under Florida Rule of Criminal Procedure 3.830 that must be provided before contempt adjudication
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Join FLexlaw to unlock all legal intelligenceSchoenwalder used his criminal arraignment hearing to advance a personal agenda and disrupt the proceedings. When admonished by the trial court, he co…
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Karl Alan Schoenwalder (Petitioner) filed a petition for writ of habeas corpus challenging the trial court’s imposition of a ninety-day sentence for Petitioner’s direct criminal contempt. Petitioner argues that his actions did not rise to the level of a criminal contempt and that he is being illegally detained because of a denial of due process under Florida Rule of Criminal Procedure 3.830. We agree in part.
Petitioner’s conduct clearly constituted a direct criminal contempt of the court. A review of the audio recording of the hearing held below reveals that Petitioner utilized his arraignment on criminal charges to advance his personal agenda and to usurp the objective of the proceedings. Upon being castigated by the trial court for this behavior, Petitioner continued to interrupt the court and to regale all present with his beliefs regarding testimony, oaths, affirmations and appearance for his arraignment.
While we agree with the trial court that Petitioner’s unacceptable behavior constituted a criminal contempt of the court, we must grant Petitioner’s request for relief based on the inadequacy of the contempt hearing. Before being adjudicated guilty of his contemptible behavior, Petitioner was entitled to “the opportunity to present evidence of excusing or mitigating circumstances.” 1 Fla. R. Crim. P. 3.830. Petitioner did not receive this opportunity. Beyond a perfunctory request whether there was just cause not to hold Petitioner in contempt, the trial court did not provide Petitioner with the opportunity to present evidence of excusing or mitigating circumstances. A trial court’s failure to afford a defendant this opportunity constitutes fundamental error. See Garrett v. State, 876 So.2d 24 (Fla. 1st DCA 2004).
In light of the trial court’s omission, the petition for habeas corpus relief is granted to the extent that the trial court shall hold a proper proceeding as mandated by the rule and allow Petitioner the opportunity to present evidence excusing or mitigating the circumstances of his behavior.
PETITION GRANTED and REMANDED WITH INSTRUCTIONS.
SAWAYA, MONACO and EVANDER, JJ., concur.