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LEE v. STATE

No. 242, September Term, 1983.

56 Md. App. 613 (1983)

468 A.2d 656

KENNETH EDWARD LEE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

December 13, 1983.

Attorney(s) appearing for the Case

John L. Kopolow, Asst. Public Defender, with whom was Alan H. Murrell, Public Defender of Maryland on brief, for appellant.

Bernard A. Penner, Asst. Atty. Gen., with whom were Stephen H. Sachs, Atty. Gen. of Maryland, Sandra A. O'Connor, State's Atty. for Baltimore County and C. Eugene Schmidt, Asst. State's Atty. for Baltimore County on brief, for appellee.

Argued before WEANT, BISHOP and ALPERT, JJ.

ALPERT, Judge.

We hold that a defendant in a civil contempt proceeding1 has no right to a jury trial and cannot be sentenced to incarceration unless he has been afforded the right to have counsel present closing argument.

On September 7, 1979, a jury in the Circuit Court for Baltimore County found Kenneth Edward Lee, appellant, guilty of the criminal non-support of his children in violation of Md. Ann. Code, art. 27, § 88...

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