(DOWNLOAD) "Matter Petition Charles E. Butler Deputy" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Petition Charles E. Butler Deputy
- Author : Supreme Court of Delaware
- Release Date : January 23, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
HORSEY, Justice: Petitioner, Deputy Attorney General Charles E. Butler, while representing the State in a criminal trial in Superior Court, was summarily adJudged in criminal contempt of court "for insolence and failure to show proper respect to the Court," in violation
of 11 Del.C. § 1271(1), a Class B misdemeanor. Butler was immediately sentenced to pay a fine of $100. Butler petitioned this Court to issue a writ of certiorari to review Superior Court's finding, conviction and sentence. Butler contends that our certiorari jurisdiction extends to review the trial record for justification of the behavior which led Superior Court to hold him in contempt. Alternatively, Butler contends that Superior Court failed on the face of the record to comply with the requirements of the law for summary contempt. Examining the record before us under our limited certiorari scope of review, we find Superior Court to have manifestly failed to comply with Superior Court Criminal Rule 42(a). We therefore direct the the judgment of contempt be vacated.