382 F.2d 557 (7th Cir. 1967), 16070, United States ex rel. De Stefano v. Woods

Docket Nº:16070.
Citation:382 F.2d 557
Party Name:UNITED STATES of America ex rel. Sam DE STEFANO, Petitioner-Appellant, v. Joseph I. WOODS, Sheriff of Cook County, Illinois, Respondent-Appellee.
Case Date:July 06, 1967
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 557

382 F.2d 557 (7th Cir. 1967)

UNITED STATES of America ex rel. Sam DE STEFANO, Petitioner-Appellant,

v.

Joseph I. WOODS, Sheriff of Cook County, Illinois, Respondent-Appellee.

No. 16070.

United States Court of Appeals, Seventh Circuit.

July 6, 1967

Rehearing Denied Aug. 3, 1967.

Anna R. Lavin, Chicago, Ill., for appellant.

John J. Stamos, First Asst. State's Atty., Thomas A. Hett, Asst. State's Atty., Chicago, Ill., for appellee, Elmer C. Kissane, Asst. State's Atty., of counsel.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Sam De Stefano, petitioner, appeals from an order of the district court entered January 31, 1967, dismissing his petition for a writ of habeas corpus, as amended, against Joseph I. Woods, Sheriff of Cook County, Illinois, respondent. The case was disposed of by the court on the pleadings.

Petitioner was placed in the custody of respondent pursuant to a final order of

Page 558

the Appellate Court of Illinois, First District, People v. De Stefano, 64 Ill.App.2d 368, 212 N.E.2d 368 (1965), cert. denied 385 U.S. 989, 87 S.Ct. 594, 17 L.Ed.2d 450. In three orders defendant had been found guilty of direct criminal contempts of court under the laws of Illinois for his conduct in open court during the trial of a criminal case against him, 1 in the Criminal Division of the Circuit Court of Cook County, Illinois.

As revealed by the opinion of the Appellate Court, the conduct of defendant was appraised by that court, at 387-388, 212 N.E.2d at 379:

'We find the instant contempt orders recite flagrant misconduct, disrespect and open defiance of the court's authority, continued in the fact of repeated warnings and findings of contempt during the trial. These contempts clearly embarrassed the court, disrupted and defeated the prompt and fair administration of justice. No court should permit such gross, deliberate and blatant disrespect for the court to go unpunished, whether by a lawyer or by a layman acting pro se in his own defense. Our courts could not long endure under such circumstances. * * *'

For his acts of contempt of court, defendant was sentenced to three concurrent one-year sentences in the county jail and, in addition, to one of the sentences a $2,000 fine was added. This punishment was imposed at the close of the jury trial.

1. In this court petitioner's counsel attacks on federal constitutional grounds the sentences imposed for contempt.

The attack upon these sentences is based upon the contention that their imposition violated the federal constitution, citing article III 2, that 'The Trial of all Crimes * * * shall be by Jury; * * *', as well as the sixth amendment to the constitution. Reliance is also placed on Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966).

Respondent's counsel point out, however, that nothing said in Cheff indicates an intent to repudiate Green v. United States, 356 U.S. 165, 78 S.Ct. 632, 2 L.Ed.2d 672 (1958). In Green, at 183, 78 S.Ct. at 642, the court considered petitioner's constitutional arguments in that case, saying:

'* * * The claim is that proceedings for criminal contempts, if contempts are subject to prison terms of more than one year, must be based on grand jury indictments under the clause of the Fifth Amendment providing: 'No person shall be held to answer for a capital, or...

To continue reading

FREE SIGN UP
3 practice notes
  • 502 N.E.2d 48 (Ill.App. 2 Dist. 1986), 2-85-0317, People v. Sheahan
    • United States
    • Illinois Court of Appeals of Illinois
    • December 12, 1986
    ...v. United States (1963), 375 U.S. 29, 30, 84 S.Ct. 19, 20, 11 L.Ed.2d 1, 2; United States ex rel. DeStefano v. Woods (7th Cir.1967), 382 F.2d 557, 559, aff'd (1968), 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308 (where contemptuous conduct did not reveal any aspects of incompetence, no sanit......
  • 411 F.2d 661 (7th Cir. 1969), 17193, Sims v. Lane
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Seventh Circuit
    • May 23, 1969
    ...persecution, but that is not 'reasonable ground for believing the defendant to be insane.' See United States ex rel. De Stefano v. Woods, 382 F.2d 557, 559 (7th Cir. 1967), affirmed on other grounds, 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308. If hypersensitivity to discrimination were to......
  • 392 U.S. 631 (1968), 559, DeStefano v. Woods
    • United States
    • Federal Cases United States Supreme Court
    • June 17, 1968
    ...trials were instituted before that date, the Court does not reach the issues presented by petitioners. Certiorari granted; No. 559, 382 F.2d 557, and No. 941, Per curiam opinion. PER CURIAM. Petitioner Carcerano was convicted of armed robbery and sentenced, on May 11, 1962, to life imprison......
3 cases
  • 502 N.E.2d 48 (Ill.App. 2 Dist. 1986), 2-85-0317, People v. Sheahan
    • United States
    • Illinois Court of Appeals of Illinois
    • December 12, 1986
    ...v. United States (1963), 375 U.S. 29, 30, 84 S.Ct. 19, 20, 11 L.Ed.2d 1, 2; United States ex rel. DeStefano v. Woods (7th Cir.1967), 382 F.2d 557, 559, aff'd (1968), 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308 (where contemptuous conduct did not reveal any aspects of incompetence, no sanit......
  • 411 F.2d 661 (7th Cir. 1969), 17193, Sims v. Lane
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Seventh Circuit
    • May 23, 1969
    ...persecution, but that is not 'reasonable ground for believing the defendant to be insane.' See United States ex rel. De Stefano v. Woods, 382 F.2d 557, 559 (7th Cir. 1967), affirmed on other grounds, 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308. If hypersensitivity to discrimination were to......
  • 392 U.S. 631 (1968), 559, DeStefano v. Woods
    • United States
    • Federal Cases United States Supreme Court
    • June 17, 1968
    ...trials were instituted before that date, the Court does not reach the issues presented by petitioners. Certiorari granted; No. 559, 382 F.2d 557, and No. 941, Per curiam opinion. PER CURIAM. Petitioner Carcerano was convicted of armed robbery and sentenced, on May 11, 1962, to life imprison......