284 P.3d 515
Or. Ct. App.2012Background
- Defendant appeals punitive contempt judgments under ORS 33.065 for failing to appear at two pretrial hearings.
- On Jan. 20, 2009, defendant appeared, was arraigned, and released on his own recognizance under a conditional release agreeing to appear for trial and required court appearances.
- The release specified the next court date as March 6, which defendant did not attend; he later appeared on March 9, and a March 24 hearing was set.
- On March 24, the court scheduled a trial readiness hearing for April 23; defendant again failed to appear.
- Defendant was charged with two counts of punitive contempt: Count 1 for March 6 nonappearance and Count 2 for April 23 nonappearance; motions for judgment of acquittal were denied, and the trial court entered judgments against him on both counts.
- On appeal, the court affirms as to Count 1 and holds Count 2 unpreserved and not plain error; the judgment is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficient evidence for contempt on Count 1 | State: release agreement proves order, awareness, and willful noncompliance | Defendant: unenforceable since not in custody; cannot bind | Sufficient evidence supported contempt on Count 1 |
| Whether Count 2 claim was preserved and rises to plain error | State: preservation and method to challenge sufficiency | Defendant: SLR/record shows no requirement to appear; error plain | Not preserved; not plain error |
Key Cases Cited
- State v. Keller, 246 Or App 105 (2011) (contempt standard; beyond reasonable doubt in punitive contempt)
- State v. Cunningham, 320 Or 47 (1994) (proof standard for punitive contempt; not mere guilt beyond reasonable doubt)
- State ex rel. Mix v. Newland, 277 Or 191 (1977) (court authority to hold in contempt despite later order/authority issues)
- State v. Brown, 310 Or 347 (1990) (plain error standard; matter reasonably in dispute)