Glenn, In re, A91A0174
| Decision Date | 18 June 1991 |
| Docket Number | No. A91A0174,A91A0174 |
| Citation | 407 S.E.2d 428,200 Ga.App. 276 |
| Parties | In re GLENN. |
| Court | Georgia Court of Appeals |
Kendall, Dixon & Turk, Kenneth A. Glenn, pro se.
Sexton, Moody & Renehan, Lee Sexton, for appellant.
W. Fletcher Sams, Dist. Atty., William T. McBroom III, Asst. Dist. Atty., for appellee.
Appellant-attorney was retained to represent James Geiger at a criminal trial. The trial was scheduled to be called immediately upon the completion of another criminal case wherein appellant was defense counsel. During the trial of this other criminal case, appellant was approached by counsel for the State and asked if he would enter into a stipulation with regard to the Geiger case. Appellant agreed and a written stipulation was filed. A few hours later, however, appellant filed a written withdrawal of the stipulation and informed counsel for the State. When the trial of the Geiger case was called a short time thereafter, the State moved that the trial proceed in accordance with appellant's stipulation or that a continuance be granted on the ground that several of its witnesses had been released in reliance upon appellant's stipulation. Rather than merely ruling on the State's motion, the trial court found appellant to be in contempt and gave him the option of purging his contempt by paying a fine or by serving 20 days in jail or by agreeing to proceed to trial in accordance with the original stipulation. Appellant appeals from this adjudication of his contempt.
There is some question whether the pretrial stipulation had ever become valid and enforceable prior to its withdrawal, it having been secured outside the presence of Geiger and Geiger apparently not having otherwise ratified it. Farmer v. State, 100 Ga. 41, 45-46, 28 S.E. 26 (1896). A defendant in a criminal case can "be convicted on a stipulation of facts agreed to and executed by him...." Tribble v. State, 89 Ga.App. 593, 598(3), 80 S.E.2d 711 (1954). See also Young v. State, 191 Ga.App. 651, 653(3), 382 S.E.2d 642 (1989). If the stipulation had not even become enforceable, then appellant's withdrawal of it obviously could not constitute an act of contempt. See Hardman v. State, 143 Ga.App. 689, 239 S.E.2d 699 (1977).
However, even if the stipulation had otherwise become valid and enforceable, the trial court nevertheless erred in finding appellant in contempt. ...
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Thompson v. State, No. S03G0176.
...him therein not admissible in a subsequent criminal proceeding, absent express showing of authorization by accused); In re Glenn, 200 Ga.App. 276, 407 S.E.2d 428 (1991) (where stipulation withdrawn, not enforceable against attorney through contempt citation). In the overwhelming majority of......
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Dryer v. State
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Sanders v. State
...cases. Stipulations should be in writing or made on the record." (Footnote omitted.) Milich, Ga. Rules of Evidence (1995), p. 29. See In re Glenn15 (in criminal cases, the court should not accept a stipulation as to a material fact without a showing that it was authorized by the accused him......
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Muldrow v. State
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