STATE OF FLORIDA EX REL. WILLIAM A. GEARY, RELATOR,
v.
THOMAS J. KELLY, DIRECTOR OF PUBLIC SAFETY METROPOLITAN SHERIFF, RESPONDENT
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The court held that a realtor charged with indirect criminal contempt is entitled to citation and a hearing before being sentenced.
A realtor was charged with criminal contempt for discussing a case he was a juror in during a court recess. The trial court, construing the contempt a…
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Realtor was charged with a criminal contempt committed outside of the presence of the court in that he discussed a cause in which he was a juror during the time that the court was in recess and against the admonition of the trial court. Upon reconvening the court the relator was informed of the charge and stood mute, neither admitting nor denying the charge. Thereupon the court, construing the contempt as having been in its presence, sentenced relator to six months imprisonment.
It appears from the response that the relator was in fact charged with an indirect criminal contempt and as such was entitled to citation and hearing. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So.2d 509, 518. The sentence of the relator without such proceeding was a deprivation of his constitutional rights and renders the sentence under which he is now held unlawful.
The order and judgment committing the relator is hereby vacated and quashed. The writ having heretofore been issued it is ordered that the relator, William A. Geary, be and he is hereby released from the custody of the respondent.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
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In re Florida Rules of Criminal Procedure, 196 So. 2d 124 (Fla. 1967)…empt,, due process of law requires that the accused be given' notice of the charge and a reasonable opportunity to meet it by way of defense or explanation. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So. 2d 509; State ex rel. Geary v. Kelly, 137 So. 2d 262, 263 (Fla.App.1962). The petition (affidavit is used here) must be filed by someone having actual knowledge of the facts and must be under oath. Phillips v. State, 147 So. 2d 163 (Fla.App.1962); see also Croft v. Culbreath, 150 Fla. 60, 6 So. 2d 63…
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In re Amendments to the Florida Rules of Criminal Procedure, 606 So. 2d 227 (Fla. 1992)…due process of law requires that the accused be given notice of the charge and a reasonable opportunity to meet it by way of defense or explanation. State ex rel. Giblin v. Sullivan, 157 Fla. 496, 26 So. 2d 509 (1946); State ex rel. Geary v. Kelly, 137 So. 2d 262, 263 (Fla. 3d DCA 1962). The petition (affidavit is used here) must be filed by someone having actual knowledge of the facts and must be under oath. Phillips v. State, 147 So. 2d 163 (Fla. 3d DCA 1962); see also Croft v. Culbreath, 150 Fla. 60, 6 S…
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Geary v. State, 139 So. 2d 891 (Fla. 3d DCA 1962)…PER CURIAM. Another aspect of this case was before us in State of Florida, ex rel. Geary v. Kelly, Fla.App.1962, 137 So. 2d 262. This appeal is by William A. Geary who was found guilty of a charge of criminal contempt for discussing a cause in which he was a juror during the time that the court was in recess and against the admonition of the court. A citation was issued and…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Sullivan, 157 Fla. 496 (Fla. 1946)
- Crown v. Coleman, 157 Fla. 463 (Fla. 1946)
- Chapman v. State, 157 Fla. 464 (Fla. 1946)