Legal Opinion
State v. Diamond
New Mexico Court of Appeals
Decided February 7, 1980No. 4294PublishedCited by 16 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
This appeal involves an attorney summarily held in contempt of court. The dispositive issue is whether the trial court could proceed summarily.
Diamond, the prosecutor in a criminal case, was excused from attendance in court because of a sudden illness in Diamond’s family. Upon being excused, at approximately 11:00 a. m., the trial court instructed Diamond to “report in” by 1:00 p. m. of the same day. The trial court found Diamond in contempt of court and imposed a $75 fine on the following basis:
IT APPEARING to the Court from the judge’s own knowledge that Martin…
2Cases cited9 opinions
- In Re OliverSupreme Court of the United States · 1948
- Johnson v. MississippiSupreme Court of the United States · 1971
- Chula v. Superior CourtCalifornia Supreme Court · 1962
- Matter of KlecanNew Mexico Supreme Court · 1979
- Jessup v. ClarkCourt of Appeals for the Third Circuit · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Von Hake v. ThomasUtah Supreme Court · 1988
- State v. CaseNew Mexico Court of Appeals · 1983
- Concha v. SanchezNew Mexico Supreme Court · 2011
- State v. PothierNew Mexico Supreme Court · 1986
- State v. StoutNew Mexico Supreme Court · 1983
11 more not listed; retrieve them via the Exa API.