STATE OF FLORIDA EX REL. SALVATORE C. PIPIA, RELATOR,
v.
T. A. BUCHANAN, SHERIFF OF DADE COUNTY, FLORIDA, RESPONDENT
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The Florida District Court of Appeal granted a habeas corpus petition challenging a contempt sentence imposed by the circuit court, finding the contempt order fatally defective because the petitioner was denied an opportunity to be heard on the criminal contempt charge and the civil contempt order failed to provide a purge clause allowing the petitioner to escape imprisonment by complying with the court's requirements.
The contempt order was fatally defective and void. The criminal contempt portion violated due process because the petitioner was not given an opportunity to appear and be heard on the criminal charge. The civil contempt portion was defective because it failed to provide a purge clause allowing the petitioner to obtain release by complying with the required judicial action.
“The order of criminal contempt was void in that it appears from the record that the petitioner was not given an opportunity to appear and be heard on the criminal charge of contempt. This is violative of petitioner's rights pursuant to the due process clause of the state and federal constitutions.”
Establishes that due process requires opportunity to be heard on criminal contempt charges
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Join FLexlaw to unlock all legal intelligenceSalvatore C. Pipia was ordered by the Circuit Court of Dade County to be held in contempt on two grounds: (1) criminal contempt for failure to comply …
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In a petition for a writ of habeas corpus filed in this court, it is alleged that petitioner is in the custody of the Sheriff of Dade County pursuant to the following order of the Circuit Court of Dade County, which provided, in pertinent part:
“3. The Plaintiff, SALVATORE C. PIPIA, be and he is hereby adjudged in contempt of this Court for his failure to comply with the aforesaid Order entered by this Court on September 11, 1961, and in further contempt of this Court, for his deliberate attempt to conceal and prevent a material witness from giving her testimony in this cause, as set forth above, and as punishment for same, he is hereby sentenced to serve 120 days in the County Jail of Dade County, Florida, and Thomas J. Kelly, as Sheriff of Dade County Florida, personally, or by one of his deputies, is hereby commanded to take into custody said Plaintiff, SALVATORE C. PIPIA, and commit him to the County Jail of Dade County, Florida, and there keep him imprisoned for a period of 120 days.”
By his petition for release, in this habeas corpus proceeding, petitioner contends and we agree that the order of contempt is fatally defective.
The court determined petitioner to be in contempt on two different grounds, one criminal and the other civil. We assume that the petitioner was being punished for both acts and not alternatively.
The order of criminal contempt was void in that it appears from the record that the petitioner was not given an opportunity to appear and be heard on the criminal charge of contempt. This is violative of petitioner’s rights pursuant to the due process clause of the state and federal constitutions.
*784The order of civil contempt was defective, in that, it failed to provide the petitioner with the key to his prison. The order did not provide that petitioner could purge himself of his civil contempt at any time prior to the termination of his specific sentence by complying with the required judicial action. Wallens v. Buchanan, Fla. App.1964, 168 So.2d 687 (opinion filed October 27, 1964).
Accordingly, the petition is granted, the sentence vacated and the prisoner is discharged, forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Florida Rules of Criminal Procedure, 196 So. 2d 124 (Fla. 1967)…e the defendant wishes to plead guilty to the charge prior to the date set for the hearing. The defendant has a constitutional right to a hearing under the due process clauses of the state and federal constitutions. (State ex rel. Pipia v. Buchanan, 168 So. 2d 783 (Fla.App. 1964).) This right includes the right to assistance of counsel and the right to call witnesses. (Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185.) The defendant cannot be compelled to testify against himself. (Demetree v. State ex rel. M…
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In re Amendments to the Florida Rules of Criminal Procedure, 606 So. 2d 227 (Fla. 1992)…se the defendant wishes to plead guilty to the charge prior to the date set for the hearing. The defendant has a constitutional right to a hearing under the due process clauses of the state and federal constitutions. State ex rel. Pipia v. Buchanan, 168 So. 2d 783 (Fla. 3d DCA 1964). This right includes the right to assistance of counsel and the right to call witnesses. Baumgartner v. Jough-in, supra. The defendant cannot be compelled to testify against himself. Demetree v. State, ex rel. Marsh, 89 So. 2d 498…
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Hammond v. Sandstrom, 376 So. 2d 466 (Fla. 3d DCA 1979)…elease. Since each of these defects renders the proceedings below void on their face and thus subject to review by habeas corpus, see State ex rel. Trezevant v. McLeod, supra; Demetree v. State ex rel. Marsh, supra; State ex rel. Pipia v. Buchanan, 168 So. 2d 783 (Fla. 3d DCA 1964); State ex rel. Byrd v. Anderson, 168 So. 2d 554 (Fla. 1st DCA 1964); 15 Fla.Jur. Habeas Corpus § 71 (1957); the petition is granted and the petitioner ordered discharged forthwith.3 Petition for habeas corpus granted.4 . Since t…
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- Wallens v. Buchanan, 168 So. 2d 687 (Fla. 3d DCA 1964)