Legal Opinion
United States v. Miki Eze Onu, Craig Washington
Court of Appeals for the Fifth Circuit
Decided April 19, 1984No. 83-2270PublishedCited by 24 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The failure of a lawyer to appear for a trial is not a contempt committed in the presence of the court. Therefore it may be prosecuted only on notice, as prescribed by Fed.R.Cr.P. 42(b), stating the essential facts constituting the criminal contempt charged. In this case, however, the lawyer had adequate notice in fact, suffered no prejudice by the court’s failure to give him notice in writing, and did not raise the issue of lack of notice in the trial court. Therefore, we affirm his conviction and sentence to pay a fine equal to the cost of summoning the jury…
2Cases cited25 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Ex Parte TerrySupreme Court of the United States · 1888
- Harris v. United StatesSupreme Court of the United States · 1965
- United States v. WilsonSupreme Court of the United States · 1975
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. John Pozsgai, Gizella Pozsgai, Mercer Wrecking & Recycling Corporation, J. Vinch & Sons, Inc. John Pozsgai and Gizella PozsgaiCourt of Appeals for the Third Circuit · 1993
- Jon Deutsch v. Annis Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2018
- Smith v. SmithCourt of Appeals for the Fifth Circuit · 1998
- United States v. Jonathan Scott Baldwin, in Re Steven Jackson, EsquireCourt of Appeals for the Eleventh Circuit · 1985
- United States v. Samuel I. BurstynCourt of Appeals for the Eleventh Circuit · 1989
19 more not listed; retrieve them via the Exa API.