PER CURIAM.
We granted writs to consider whether relator Niles Clay was properly held in contempt of court for failure to appear timely as a witness in a trial of which he had actual notice but for which he had not been subpoenaed. We find that absent service of a subpoena to appear in court, a witness' tardiness is not punishable as contempt.
Relator was to serve as a defense witness in the simple battery trial of one Steve Shaffett. Defense counsel advised...
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