Noel Plank v. State of Florida

Noel Plank, an - apparently intoxicated prospective juror, was sentenced to thirty days’ incarceration for direct criminal contempt while still intoxicated and without the assistance of counsel to offer any mitigating, evidence or to clearly elicit from the trial court the basis, for the allegedly contemptuous conduct. I agree with the majority’s decision to vacate Plank’s contempt conviction because the conduct relied, on by the trial court was not direct criminal contempt, but I dissent from the majority’s holding .that a defendant is not entitled to counsel in.direct criminal contempt…