HERMON WILLIAMS v. STATE OF FLORIDA
222 So. 3d 596
Fla. Dist. Ct. App.2017Background
- Appellant (Hermon Williams) was at a calendar call where the court told him his public defender ethically could not adopt his pro se motion.
- In response, Appellant launched a vulgar, profane, and disrespectful tirade directed at the court.
- The court interrupted several times to admonish Appellant for contempt, but each interruption was followed by additional profanities and provocative remarks until Appellant was escorted out.
- The trial court adjudicated Appellant guilty of three separate counts of direct criminal contempt based on the repeated outbursts.
- On appeal, the Fourth District affirmed the first contempt adjudication but reversed the second and third, concluding the conduct amounted to one continuous episode and therefore should have produced only one contempt conviction.
Issues
| Issue | State's Argument | Appellant's Argument | Held |
|---|---|---|---|
| Whether multiple contempt convictions can stand when based on a continuous outburst | The separate statements/interruptions supported distinct contempt convictions | The tirade was one continuous episode and supports only a single contempt conviction | Reversed second and third convictions; first conviction affirmed |
Key Cases Cited
- Tenorio v. State, 462 So. 2d 880 (Fla. 2d DCA 1985) (multiple contempt convictions upheld where temporally distinct acts occurred)
- B.M. v. State, 523 So. 2d 1185 (Fla. 2d DCA 1988) (continuous episode of contempt should yield single contempt charge)
- Butler v. State, 330 So. 2d 244 (Fla. 2d DCA 1976) (single outburst interrupted only by court admonitions should have resulted in one contempt charge)