MATTER OF CONTEMPT IN STATE v. Levin

Charles W. Casey was found in summary contempt of court, pursuant to sec. 785.03(2), Stats., for failing to honor a subpoena and appear as a witness. On appeal, Casey raises the issue of whether the use of summary contempt procedure was proper under the facts and circumstances of this case. Because we conclude that the trial court’s use of the summary contempt procedure in this case was improper, we reverse.

Casey was subpoenaed as a defense witness to testify in State v. Levin, a jury trial in Walworth county held on February 9, 1987. Casey did not appear. The one-day trial proceeded without…