Garlin v. State

Lybrook, J.—

Defendant-appellant Garlin appeals from convictions on two counts of contempt of court challenging, inter alia, whether the procedure followed by the trial court violated basic procedural due process requirements. We reverse.

The record reveals that Garlin was convicted on two contempt charges which arose from his conduct while serving as a member of a petit jury in the Fountain Circuit Court. Despite the fact that at least one of the charges constituted indirect criminal contempt, the trial court proceeded to charge, try, convict, and fine Garlin without (1) requiring the filing…