LEMMONS v. RACINE COUNTY CIRC. COURT

No. 87-2279-CR.

148 Wis.2d 740 (1989)

437 N.W.2d 224

IN the MATTER OF the FINDING OF CONTEMPT IN STATE v. David LEMMONS: Janet LEMMONS, Appellant, v. RACINE COUNTY CIRCUIT COURT, Branch 3, The Honorable Jon B. Skow, Presiding, Respondent.

Court of Appeals of Wisconsin.

Decided January 11, 1989.


Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of William A. DeMark, of Racine.

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.

Janet Lemmons appeals from an order denying her motion to dismiss two earlier findings of contempt which were summarily imposed by the trial court. We conclude that her actions on June 16, 1987, did not occur in the actual presence of the court, as required by sec. 785.03(2), Stats. The part of the order which refused to dismiss this findings of contempt is reversed. However, Lemmons' acts of June 17, 1987, provided an appropriate basis for using summary...

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