Morris v. State
2017 Ark. 157
| Ark. | 2017Background
- Jimmy C. Morris, defense counsel for Demarcus Veasey, was ordered to be in chambers at 8:30 a.m. for a first-degree murder trial set to begin at 9:00 a.m.; he arrived at 9:08 a.m.
- Morris had dropped his eight-year-old daughter at summer camp in Little Rock that morning and said he and his assistant tried to call the court but could not due to alleged poor cell service.
- Because Morris was not present at 9:03 a.m., the court informed and dismissed the jury panel; the trial was delayed and later reset.
- The circuit court found Morris in criminal contempt for willful disobedience of its scheduling order and imposed a $4,000 fine (no jail), payable within 90 days.
- Morris appealed, arguing lack of willfulness and that the $4,000 fine was grossly excessive and exceeded statutory limits for contempt.
- The Arkansas Supreme Court affirmed the contempt finding but reduced the fine to $2,000; two justices would instead limit the fine to $500.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morris willfully disobeyed the court’s scheduling order (criminal contempt) | Court/State: Morris consciously chose insufficient time to travel and thus willfully violated the order | Morris: tardiness due to childcare and attempted calls; no intent to disobey | Affirmed: substantial evidence supports willfulness; failure was from poor planning, not emergency |
| Whether the $4,000 fine was excessive or beyond statutory limits | Court/State: inherent contempt power permits punishment beyond statutory misdemeanor cap; fine aimed to vindicate court authority | Morris: contempt classified as Class C misdemeanor with $500 statutory max; $4,000 excessive and unsupported by restitution evidence | Modified: fine reduced to $2,000 (majority); two justices would cap at $500 due to statutory limits and lack of restitution proof |
Key Cases Cited
- Perroni v. State, 358 Ark. 17 (evidence standard for contempt review)
- Etoch v. Simes, 340 Ark. 449 (contempt review principles)
- Johnson v. Johnson, 343 Ark. 186 (court’s inherent contempt power not limited by statute)
- Yarbrough v. Yarbrough, 295 Ark. 211 (legislature cannot abridge contempt power)
- Carle v. Burnett, 311 Ark. 477 (modification of contempt punishment justified)
- McCullough v. State, 353 Ark. 362 (purpose of contempt to uphold court dignity and allow modification)
- Fitzhugh v. State, 296 Ark. 137 (criminal contempt principles)
- Valley v. State, 2016 Ark. 443 (example of contempt fine and restitution ordering)
