Justia Criminal Law Opinion Summaries

On April 6, 2011, Shaun Warrick appeared in the Philadelphia Municipal Court for his preliminary hearing on two homicide charges. Appellees were relatives of the victims, and were seated in the courtroom gallery. Before testimony began, Warrick advised the court his mother had retained private counsel for him and requested a continuance. At the court’s request, his mother, escorted by court officer Richard Brandt, came forward to testify. Appellees thereupon verbally and physically assailed Ms. Warrick, and a general melee erupted in the courtroom. Warrick tried to defend his mother, which led to an expanded struggle that required deputy sheriffs and police reinforcements from outside the courtroom to restore order. The courtroom was locked down for three hours. When court reconvened, the trial court did make an “initial finding” of direct criminal contempt but deferred “final determination as to what the sentence should be” until appellees could meet with counsel. Appellees returned to court and sought to present their own witnesses and cross-examine other witnesses. The court denied the requests, finding that appellees were not entitled to call or cross-examine witnesses, particularly as the contemptuous acts took place “in the presence of the [c]ourt.” Appellees appealed, and the three cases were consolidated. Because the Superior Court erroneously determined the summary-contempt proceedings were improper, it also erred in concluding appellees “should have been permitted to cross-examine the court crier, and to present their own witnesses, in an adversary hearing with full due process protections.” The Supreme Court found the trial court appropriately conducted summary proceedings and appellees were sufficiently represented by counsel prior to sentencing. View "Pennsylvania v. Moody" on Justia Law