In re Wilkowski
| Decision Date | 19 March 1935 |
| Citation | 259 N.W. 658,270 Mich. 687 |
| Parties | In re WILKOWSKI. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Application by Anthony J. Wilkowski for leave to appeal in nature of certiorari to review conviction of contempt of court for failure to obey an order for his appearance as a witness before the judge of the recorder's court of the City of Detroit.
Application denied.
Argued before the Entire Bench except EDWARD M. SHARPE, J.
Harry S. Toy, Atty. Gen., and Chester P. O'Hara and Edmund E. Shepherd, Asst. Attys. Gen., for the State.
George Brand, of Detroit, amicus curiae.
The sole question presented by the application of Senator Wilkowski for certiorari to review conviction of contempt of court for failure to obey an order for his appearance as a witness before Hon. Thomas M. Cotter, judge of the recorder's court of the city of Detroit, then conducting an examination under the provisions of Comp. Laws 1929, § 17215 et seq., is whether such contempt proceeding is criminal or civil in character. As stated in applicant's brief: ‘If this be a criminal proceeding and the constitutional provision does not provide immunity in criminal proceedings obviously the lower court was right.’
We adhere to the rule as stated by Chief Justice White in Williamson v. United States, 207 U. S. 425, 28 S. Ct. 163, 166, 52 L. Ed. 278, that all criminal offenses are comprehended by the terms ‘treason, felony, and breach of the peace,’ and hold that the proceeding in question is criminal in its nature and not civil. Carnahan v. Carnahan, 143 Mich. 390, at page 399, 107 N.W. 73,114 Am. St. Rep. 660,8 Ann. Cas. 53.
We have just passed upon the nature of proceedings under section 17215 et seq.; In re Petition for Investigation of Recount, 270 Mich. 328, 258 N. W. 776.
The application is denied.
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In re Oliver
...counsel. 13 Under Michigan law contempt proceedings against a witness before a one-man grand jury are criminal in nature. In re Wilkowski, 270 Mich. 687, 259 N.W. 658. But this characterization is not material in resolving this due process question. Cf. Gompers v. United States, 233 U.S. 60......
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In re Slattery
...man grand jury proceedings similar to the one in the instant case. See People v. Bommarito, 270 Mich. 455, 259 N.W. 310;In re Wilkowski, 270 Mich. 687, 259 N.W. 658;In re Schnitzer, 295 Mich. 736, 295 N.W. 478;In re Ward, 295 Mich. 742, 295 N.W. 483;In re Cohen, 295 Mich. 748, 295 N.W. 481.......
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People v. O'Hara
...v. Atwood, 270 Mich. 317, 258 N.W. 773;In re Petition for Investigation of Recount, 270 Mich. 328, 258 N.W. 776, 778;In re Wilkowski, 270 Mich. 687, 259 N.W. 658; and Behrendt v. Wilcox, 277 Mich. 232, 269 N.W. 155 (Oct. 5, 1936). The following provision is a part of the General Election La......
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People v. Giacalone, Docket No. 3974
...by the governor? Contempt proceedings brought to punish a witness before a one-man grand jury are criminal in nature. In re Wilkowski (1935), 270 Mich. 687, 259 N.W. 658. See also, In re Oliver (1948) 333 U.S. 257, 68 S.Ct. 499, 504, 92 L.Ed. 682, 690, n. 13. But see People v. Nowicki, Mich......