United States Fourth Circuit

Defendant's conviction for two counts of criminal contempt in his section 1983 suit against prison officials is: 1) affirmed as to the first conviction where the record evidence offers ample support for the conclusion that defendant's outburst was both threatening and directed at the court, and thus constituted misbehavior under section 401(1); and 2) reversed as to the second contempt conviction because the contempt proceeding did not comply with Rule 42(a), and as such, the district court plainly erred in summarily punishing defendant under Rule 42(b) for tardiness.

Appellate Information

• Decided 10/23/2012
• Published 10/23/2012

Judges

• Motz

Court

• United States Fourth Circuit

Counsel