Hemesath v. State

William Hemesath appeals an order finding him in direct criminal contempt for committing perjury. Because the trial court abused its discretion in denying defense counsel’s motion for a continuance, we reverse and remand for further proceedings.

Mr. Hemesath petitioned the trial court for a domestic violence injunction against his wife. During two hearings on the injunction, he testified that his relationship with a female co-worker was purely platonic. At the second hearing, Mr. Hemesath’s wife offered evidence that the relationship was of a more “romantic” character. Having heard this…