Sandstrom v. Butterworth
| Citation | 738 F.2d 1200 |
| Decision Date | 13 August 1984 |
| Docket Number | No. 83-5431,83-5431 |
| Parties | Ray SANDSTROM, Petitioner-Appellee, v. Robert BUTTERWORTH, Sheriff, et al., Respondents-Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
James P. McLane, Asst. Atty. Gen., State of Florida, West Palm Beach, Fla., for respondents-appellants.
Ray Sandstrom, pro se, Sandstrom & Haddad, Fort Lauderdale, Fla., for petitioner-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before TJOFLAT and CLARK, Circuit Judges, and GOLDBERG *, Senior Circuit Judge.
The functioning of our legal system occasionally brings into direct opposition fundamental values upon which the entire system rests. Absolute conflicts between these basic values, where preserving one value requires compromise of another, are among the most perplexing challenges that this Court encounters. This habeas corpus appeal presents just such a challenge. It involves one manifestation of the tension that exists between the courts' criminal contempt power and various tenents of constitutional due process. In the case at bar, petitioner's conviction for criminal contempt stands in conflict with an important principle of due process--the right to an impartial tribunal. To uphold the state court's adjudication of contempt would necessarily and significantly intrude upon that fundamental due process value. Alternatively, to vindicate the petitioner's right to an impartial tribunal would require imposing some limitation upon courts' traditionally broad contempt authority. Under the circumstances here, however, the potential impairment of the court's power is outweighed by unfairness to the petitioner. We, therefore, resolve the instant conflict of values in favor of due process.
Petitioner, an attorney, was adjudged in direct criminal contempt by a Florida state trial judge in the course of a murder trial. Petitioner was representing James Nolan, who was being tried on three counts of first degree murder. The trial was Mr THE COURT [to Mr. Haddad]: You are not co-counsel in this case. I am telling you right now you are not going to interrogate any witnesses in this case. You pull smart stuff on me, I will put it back on you.
Conflict between the judge and the petitioner arose early in the trial, concerning the judge's conduct towards petitioner's partner and petitioner's arrival time in court.
THE COURT [to petitioner]: I told Mr. Haddad he couldn't come into this courtroom. I will change my mind to the extent he can sit at the bench with you. He is not going to participate at the trial. He is not going to interrogate any witnesses. He is not going to argue any arguments.
Mr. Haddad did that, and he advised the Court Wednesday telling the Court he wasn't available to interrogate the jury and help pick the jury when you were off on a trip to New Orleans. You told the Court you would be back at 1:00. You got back at 3:30 on the nose because I was going to dismiss the jury at 3:30 on the nose, and Mr. Haddad's office was called by the clerk's office twice and my office twice, and the girls said they simply couldn't find Mr. Haddad, he wasn't around.
I believe that Mr. Haddad was not around. I think he is a liar. I think he is a poor attorney. He is not a good officer of this court. He doesn't belong in this court, and I am not going to have him practice in this court in this trial.
I don't care whether he is an attorney representing the defendant or not.
* * *
* * *
THE COURT [to petitioner]: I made my ruling, and that is the way it is going to be. I want to get on with the trial. You were to be here at 12:30. You have a reason for not being here, and I accept it. I'm not going to tolerate it again. We are going to trial at the times I set, and if you don't show up at the times I am going to find you in contempt of court.
The motion for mistrial was denied. Later in the trial, during petitioner's cross-examination of a prosecution witness, petitioner was held in contempt. Sentencing for this contempt, however, apparently never took place.
Q (By Mr. Sandstrom) On this one, does it not say--
A That is unknown white male number two. This one I have an autopsy--
Q This says unknown white male?
A conflict over petitioner's method of cross-examination also led to the contempt citation at issue in this case.
occasion I choose, and if the witness accepts that version, it only tends to impeach him because people that know what they are talking about don't accept the version that is incorrect.
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...jury and judge mesh into a single individual.'" United States v. Neal, 101 F.3d 993, 997 (4th Cir.1996) (quoting Sandstrom v. Butterworth, 738 F.2d 1200, 1209 (11th Cir. 1984)). 16. Though "de novo" in certain Acts of the General Assembly means the circuit court disregards the judgment of t......
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...916 F.2d 1352, 1356-57 (8th Cir.1990) (state court's sua sponte consideration of an issue satisfies exhaustion); Sandstrom v. Butterworth, 738 F.2d 1200, 1206 (11th Cir.1984) (same). In such a case, a habeas court may look to "what the state courts actually considered," in addition to the p......
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