State v. Gundlah Ex Rel. Smallheer

Appellant Susan Smallheer appeals a contempt order that did not recognize her asserted newsgatherer’s qualified testimonial privilege. Because defendant Charles Gundlah subsequently pled nolo contendere, appellant’s testimony will no longer be needed at the trial and her appeal regarding the newsgatherer’s privilege is moot. We therefore dismiss her appeal of the contempt order; however, we reverse on attorneys’ fees and prospective coercive contempt sanctions.

This appeal arises out of the criminal prosecution of Charles Gundlah for an alleged escape from the Woodstock Correctional Center on…