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MATTER OF CONTEMPT IN STATE v. LEVIN

No. 87-1456-CR.

146 Wis.2d 166 (1988)

430 N.W.2d 718

IN the MATTER OF CONTEMPT IN STATE of Wisconsin v. Richard J. LEVIN: Charles W. CASEY, Appellant, v. Honorable James L. CARLSON, Respondent.

Court of Appeals of Wisconsin.

Decided August 3, 1988.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of William J. Tyroler, assistant state public defender.

On behalf of the respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and James H. McDermott, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Charles W. Casey was found in summary contempt of court, pursuant to sec. 785.03(2), Stats., for failing to honor a subpoena and appear as a witness. On appeal, Casey raises the issue of whether the use of summary contempt procedure was proper under the facts and circumstances of this case. Because we conclude that the trial court's use of the summary contempt procedure in this case was improper, we reverse.

Casey was subpoenaed as a defense witness...

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