Bryan Fearman v. State of Indiana
89 N.E.3d 435
| Ind. Ct. App. | 2017Background
- Defendant Bryan Fearman, convicted of attempted murder and other offenses, attended his sentencing on March 17, 2017.
- During the hearing Fearman used profane language and threatened the victim (Lerron McDowell) in open court; the judge removed him from the courtroom.
- The trial court found Fearman in direct criminal contempt based on his conduct and threats, equating the behavior to intimidation and referencing a Level 6 felony penalty range.
- The court sentenced Fearman to 910 days in the Department of Correction for contempt, to be served consecutively to his other sentences, without credit time.
- Fearman did not contest the contempt finding but appealed the sentence as violating his Sixth Amendment right to a jury trial because it exceeded six months.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fearman) | Held |
|---|---|---|---|
| Whether a contempt sentence exceeding six months may be imposed without a jury trial | Remand to clarify whether multiple contempt counts were intended, implying multiple six-month terms could be stacked | Sentence > 6 months for direct contempt violates Sixth Amendment jury right | The court reversed: absent a jury trial or waiver, non-jury contempt sentence may not exceed six months |
| Whether multiple acts during a single proceeding permit multiple non-jury contempt sentences | Suggested trial court could have intended sanctioning multiple contempts | Multiple interruptions/threats during one proceeding are a single contempt episode | The court held multiple acts in one continuous proceeding constitute a single episode and cannot be punished by consecutive non-jury sentences exceeding six months in total |
Key Cases Cited
- Hopping v. State, 637 N.E.2d 1294 (Ind. 1994) (recognizing inherent common-law power to summarily punish direct criminal contempt)
- Mockbee v. State, 80 N.E.3d 917 (Ind. Ct. App. 2017) (discussing when multiple acts constitute a single contempt episode)
- Duncan v. Louisiana, 391 U.S. 145 (1968) (Sixth Amendment right to jury trial is incorporated against the States)
- Taylor v. Hayes, 418 U.S. 488 (1974) (states may try contempt without jury if sentence does not exceed six months)
- Codispoti v. Pennsylvania, 418 U.S. 506 (1974) (multiple contempts arising from a single proceeding cannot be punished by non-jury sentences totaling more than six months)
- Holly v. State, 681 N.E.2d 1176 (Ind. Ct. App. 1997) (sentence exceeding six months for contempt requires jury trial or waiver)