Legal Opinion

In Re James

Superior Court of Pennsylvania

Decided December 17, 1982No. 1410PublishedCited by 9 opinions

1Opinion of the Court

WIEAND, Judge:

Arthur Henry James, an attorney, overslept and arrived late on the seventh day of a criminal trial, causing delivery of the court’s jury instructions to be delayed for almost an hour. Counsel was summarily held in contempt and fined $200. On appeal, he contends that the “wrongful intent” essential to a finding of contempt was absent. We agree and reverse.

“Courts unquestionably have inherent power to punish willful misconduct which obstructs a fair and orderly trial. [Citations omitted] This includes the authority to impose summary criminal contempt.” Commonwealth v. Garrison,…

2Cases cited10 opinions

  1. United States v. Bobby G. SealeCourt of Appeals for the Seventh Circuit · 1972
  2. United States of America and Interstate Commerce Commission, and v. The Greyhound Corporation and Greyhound Lines, Inc., AndCourt of Appeals for the Seventh Circuit · 1974
  3. Commonwealth v. GarrisonSupreme Court of Pennsylvania · 1978
  4. In Re Darwin Charles BrownCourt of Appeals for the D.C. Circuit · 1971
  5. In Re JohnsonSupreme Court of Pennsylvania · 1976

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

3Cited by9 opinions

  1. State v. JenkinsSupreme Court of Kansas · 1997
  2. Ricci v. GearySuperior Court of Pennsylvania · 1996
  3. In re C.W.Superior Court of Pennsylvania · 2008
  4. Commonwealth v. ZacherSuperior Court of Pennsylvania · 1997
  5. Matter of JamesSupreme Court of Pennsylvania · 1984

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

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