Supreme Court of Louisiana, 1979

In re Shields

In re Shields
Supreme Court of Louisiana · Decided February 16, 1979 · Summers
367 So. 2d 863 (Southern Reporter, Second Series)

In re Shields

Opinion of the Court

In re James E. Shields, Attorney, applying for supervisory writs and stay order. Orleans Parish.

Writ granted. A contradictory hearing ordered to determine whether relator is in constructive contempt in violation of La.C. Cr.P., Art. 23(2).

Dissenting Opinion

SUMMERS, C. J.,

dissents, being of the opinion that the ruling of the trial judge was correct. The contempt of court was direct and a contumacious failure to comply with the order of the trial judge to appear in court, action tending to interrupt or in*864terfere with the business of the court and to impair its dignity and respect for its authority. La.Code Crim.Pro. Art. 21(5). Moreover, relator’s petition is both derogatory and insulting to the judge and should be returned.

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