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SMITH v. PACE

No. SC 90425.

313 S.W.3d 124 (2010)

In re Carl SMITH, Petitioner, v. Sheriff Raymond PACE and the Honorable Gary Witt, Respondents.

Supreme Court of Missouri, En Banc.

May 11, 2010.

Attorney(s) appearing for the Case

Bruce Galloway, Daniel Brogdon, Bruce Galloway LLC, Ozark, for Petitioner.

Timothy Anderson, Jefferson City, Thomas W. Cline, Gainesville, for respondents.

Talmage E. Newton IV, Evans & Dixon LLC, St. Louis, for Missouri Association of Criminal Defense Lawyers.

Anthony E. Rothert, St. Louis, for ACLU of Eastern Missouri.

Stephen D. Bonney, Kansas City, for ACLU of Kansas and Western Missouri.

MICHAEL A. WOLFF, Judge.

Introduction

The prosecution of a lawyer for criminal contempt of court for words the lawyer wrote in a writ pleading is a difficult and untidy business, as this case shows: The lawyer's duty of zealous advocacy and freedom of speech may clash with the courts' inherent power to protect its proceedings.

At the outset, it should be noted that this habeas corpus proceeding reviews a judgment based on the court's inherent power...

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