Finding of Contempt in State v. Simmons

Brian McGee appeals from judgments of commitment following findings of summary contempt. We hold that such appeals must be undertaken pursuant to the time constraints set forth in sec. 808.04(1), Stats. Because McGee initiated his appeal in an untimely fashion, this court lacks jurisdiction and we dismiss.

McGee was subpoenaed for the purpose of being the first state's witness in a trial for attempted first-degree murder. However, after the jury was impaneled, he informed the court that he would not testify. The court summarily held McGee in contempt and imposed a thirty-day jail sentence as a…