STATE OF LOUISIANA NO. 2024 KW 0951

VERSUS

DERRICK BROADWAY OCTOBER 17, 2024

In Re: Derrick Broadway, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. Instanter.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED. The district court' s ruling finding relator in direct contempt of court is reversed. There was no showing that relator' s alleged violation of the rule of the lower court was committed in the immediate view and presence of the trial court and of which it had personal knowledge. See La. Code Crim. P. art. 21. A review of the transcript of the September 18, 2024 contempt proceeding reflects that, at best, relator' s actions constituted constructive contempt, and therefore, relator should have been tried by the judge on a rule to show cause alleging the facts constituting the contempt. See La. Code Crim. P. art. 23. Accordingly, the four- month sentence is vacated, and relator is ordered discharged forthwith.

EW SMM HG

COURT OF APPEAL, FIRST CIRCUIT

LIKNEUTY PU T Y FOR CLERK OF COURT THE COURT