Contempt of Haselhuhn, In re
Decision Date | 31 July 1987 |
Docket Number | No. 86-204,86-204 |
Citation | 740 P.2d 387 |
Parties | In re CONTEMPT OF Darwin HASELHUHN. Darwin HASELHUHN, Appellant, Rick Prime, (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
Court | Wyoming Supreme Court |
Public Defender Program: Leonard D. Munker, State Public Defender; Martin J. McClain, Deputy Public Defender; and Norman A. Newlon, Legal Intern, for appellant.
Joseph B. Meyer, Atty. Gen.; John W. Renneisen, Sr. Asst. Atty. Gen.; and Terry L. Armitage, Asst. Atty. Gen., for appellee.
Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.
Appellant Darwin Haselhuhn was found to be in contempt of court and sentenced to three months' imprisonment for refusing to be sworn and to testify when called as a witness in a criminal trial. On appeal to this Court, appellant in essence questions whether the district court's finding and sentence are proper.
We reverse.
Appellant was convicted of aggravated robbery and sentenced to a term of not less than eight years nor more than twelve years in the Wyoming State Penitentiary. During the pendency of his appeal to this Court, appellant was called as a witness at the May 1986 trial of his co-defendant, Rick Prime. In chambers on May 14, 1986, the day before appellant was to testify, the State offered appellant full use immunity in return for his testimony. More specifically, the State informed appellant that, if he agreed to testify as to his involvement in the robbery, none of his statements would be used "in connection with any future proceeding regarding the armed robbery." Counsel for appellant advised the State and the court that he did not believe the offer of immunity was broad enough to preclude future federal prosecution and, consequently, that appellant would assert his Fifth Amendment privilege against self-incrimination and refuse to testify. Upon considering the arguments presented, the district court stated in relevant part:
The following morning, the State called appellant to the witness stand. His attorney was not present in the courtroom, and the following colloquy occurred:
The trial concluded on May 19, 1986. On May 20, 1986, five days after he had been held in contempt, appellant appeared with counsel before the district court. The following discussion took place:
Upon clarification of the procedure, counsel for appellant requested a continuance in order to prepare a defense to the contempt charge. The district court granted the request, and a second hearing was held on June 9, 1986. Proceeding on the belief that appellant was found in contempt for refusing to testify, counsel for appellant again asserted that appellant was entitled to claim his Fifth Amendment right and refuse to testify because, even assuming the State had the authority to offer immunity, the offer did not go far enough. Counsel for appellant also asserted that appellant's refusal to be sworn and to testify was not intended to be disrespectful or disruptive but merely to protect his right against self-incrimination. The district court responded to counsel's argument as follows:
(Emphasis added.)
The district court then pronounced sentence of a term of three months to be served consecutively to appellant's existing sentence for aggravated robbery. The order of criminal contempt filed on June 30, 1986, provided as follows:
On appeal to this Court, appellant claims not only that these particular proceedings were improperly conducted but that the law relating to contempt is, in general, confusing and unclear. We limit our review to the propriety of these particular proceedings.
In United States v. Powers, 629 F.2d 619 (9th Cir.1980), the Ninth Circuit Court of Appeals considered the question of whether a contempt judgment is invalidated by a trial court's confusion about the form of the contempt proceeding. In that instance, the Ninth Circuit affirmed the contempt judgment for the reason that the trial court's confusion was not prejudicial to the defendant. However, the Ninth Circuit warned that "under different circumstances we might find a contempt sanction invalid due to the confusion of the district court." Id. at 629.
In United States v. Powers, as in the present case, the defendant was called as a witness in a criminal case. When called to the stand to testify, he refused to answer any questions on the ground that his testimony might incriminate him. The government subsequently offered the defendant use immunity to which his attorney objected on the ground that it was too narrow. The court accepted the grant of immunity and warned the defendant that his continued refusal to testify could result in a judgment of contempt and a jail sentence. The defendant's attorney asked for a clarification of the court's contempt powers, and the court stated:
" 'The [c]ourt notifies the defendant that the court would incarcerate the defendant for the balance of the trial and set a hearing date regarding the contempt charges and possible sentence as a result thereof.' " Id. at 621.
The defendant's attorney then requested clarification as to the nature of the proceeding, and the court responded that it was a civil contempt proceeding but that it would be conducted in accordance with the procedural requirements set forth in Rule 42, F.R.Cr.P. The defendant then was recalled to the stand, and he again refused to testify. The court questioned him to make sure he understood the consequences of his refusal to testify, and, when it became clear that he did understand and still would not testify, the court found him in contempt.
The focus of the court's inquiry in United States v. Powers was the trial court's confusion as to whether the contempt proceeding was civil or criminal in nature. The focus of our inquiry goes further. As demonstrated above, despite its confusion over the types of contempt proceedings, the trial court in United States v. Powers fully and clearly explained to the defendant the nature and effect of a contempt judgment. The defendant was told by the court repeatedly that his refusal to testify could result in a judgment of contempt and a jail sentence. The defendant had an attorney present throughout the proceedings to seek clarification of the consequences of his refusal to testify. He was told explicitly that, if he refused to testify after being granted immunity, he would be incarcerated for the balance of the trial and might be subject to an additional sentence following a contempt hearing. He was questioned fully as...
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