Legal Opinion

Bryan Fearman v. State of Indiana

Indiana Court of Appeals

Decided December 14, 2017No. 49A04-1704-CR-802PublishedCited by 3 opinions

1Opinion of the Court

May, Judge.

*436 [1] Bryan Fearman appeals his 910-day sentence for direct criminal contempt, 1 arguing a sentence longer than six months violates his right to a trial by jury under the Sixth Amendment of the United States Constitution. The State argues this matter should be remanded to resolve the number of instances of direct contempt for which the trial court intended to sanction Fearman. We reverse Fearman's sentence and remand for the trial court to enter a sentencing order for criminal contempt with a six-month sentence.

Facts and Procedural History

[2] Fearman was convicted of attempting to…

2Cases cited6 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Taylor v. HayesSupreme Court of the United States · 1974
  3. Codispoti v. PennsylvaniaSupreme Court of the United States · 1974
  4. Hopping v. StateIndiana Supreme Court · 1994
  5. Holly v. StateIndiana Court of Appeals · 1997

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Allen L. Grogg v. State of IndianaIndiana Court of Appeals · 2020
  2. Bobby D. Wine v. State of IndianaIndiana Court of Appeals · 2020
  3. Cheryl Alcorn v. State of IndianaIndiana Court of Appeals · 2019

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