Thomas v. State
| Decision Date | 24 February 1989 |
| Docket Number | 7 Div. 71 |
| Citation | 550 So.2d 1057 |
| Parties | Alyce THOMAS v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Our original opinion in this cause is hereby withdrawn and the following is substituted in its place.
This is an appeal by Alyce Thomas from the denial of her petition for writ of habeas corpus. The issue presented is whether the juvenile court had jurisdiction to hold a parent in direct civil contempt for her failure to disclose the whereabouts of her juvenile son. Under the circumstances of this case, this Court finds that the juvenile court had absolutely no authority or jurisdiction to proceed as it did.
The facts contained in this opinion were gathered from the hearing in juvenile court on May 24, 1988, the hearing in circuit court on June 2, 1988, and the various orders of the juvenile court and the police reports made a part of the record on appeal. Both the original record and the supplemental record have been considered by this Court.
The relevant facts are set out in chronological order:
May 12, 1988: A fire bomb was thrown into an apartment in Gadsden, Alabama causing the death of the infant Tamel Jackson. Investigation by the Gadsden Police Department resulted in three suspects: (1) Yul Devoe "Bobo" Guice, Alyce Thomas's adult son; (2) Steve Thomas, Mrs. Thomas's 17-year-old son; and (3) Ollis Madden, Mrs. Thomas's 17-year-old grandson.
May 13, 1988: The police obtained "juvenile pick-up orders" for Ollis and Steve. Each order was issued by Etowah County Juvenile (District) Court Judge Robert E. Lewis. Each order stated that there was probable cause to believe that each juvenile had committed or was actively involved in committing a murder and arson. That same morning, the police went to the Thomas residence, but Steve fled out a side window of the house, apparently without the prior knowledge of Mrs. Thomas. Around 6:00 that evening, Steve telephoned Mrs. Thomas and told her "we ain't done nothing ... we tired of hiding ... come and get us and take us on downtown."
Mrs. Thomas and her husband took Steve to the police station. The arrest report shows that Steve was arrested at the Gadsden City Hall at 7:30 on the night of May 13, 1988.
May 15, 1988: Having been held in police custody since his arrest, Steve was released, without being charged, into the custody of either his parents or Mrs. Thomas, at 2:00 on this Sunday morning.
State's Exhibit 1, introduced into evidence at the hearing in juvenile court on May 24, 1988, is a copy of the "arrest report" on Steve Thomas made by the Gadsden Police Department. Under the "narrative" portion of that report appears the following handwritten notation:
This was the "release form" signed by Mrs. Thomas.
Gadsden Police Lieutenant Jeff Wright testified that he informed Mrs. Thomas that Steve was being released into her custody, that charges would probably be forthcoming, and that "we would get in touch with them, and they could produce him up to us." Lt. Wright testified that Mrs. Thomas signed "the release form" and left with her son. An entry in an "Alabama Uniform Incident/Offense Report Supplement" states:
Mrs. Thomas testified that she did not remember signing a release order or any conversation about bringing Steve back. She testified that, at that time, she was hysterical and crying.
May 17, 1988: Lt. Wright testified that on this date he saw Mrs. Thomas at his office and that she told him that she knew where Steve was.
May 18, 1988: Gadsden Police Officer Duane Hooper testified that, on this date, Mrs. Thomas acknowledged that she knew where Steve was and that she would have him come in and give a statement to the police.
May 23, 1988: After Steve had not appeared for further questioning, Judge Lewis issued a "juvenile pick-up order" for Steve at the request of the police department. The order stated that Steve
Lt. Wright testified to the effect that, when the police went to the Thomas residence to execute this order, Mrs. Thomas stated that she had not known where her son was since his release from police custody on May 15. Lt. Wright testified:
Lt. Hooper corroborated Lt. Wright's testimony.
Mrs. Thomas testified that, after she and her husband got their son on May 15, they stopped at a store on the way home to purchase coffee, sugar, and milk. She said that she and Mr. Thomas went inside the store, leaving Steve in the car, and that when they returned Steve had gone, that she had not seen him since, and that she did not know where he was. Mrs. Thomas also denied telling police officers at any time that she knew where Steve was or that she would bring him in for additional questioning.
May 24, 1988: The police went to Judge Lewis and obtained a "witness attachment" for Mrs. Thomas. The record shows that Judge Lewis issued the following "Judgment/Order":
Mrs. Thomas was arrested at her residence that same morning. Approximately three hours later, a hearing was held "on the whereabouts of Steven Thomas." At that hearing, Mrs. Thomas was represented by counsel.
The exact nature of this hearing is ambiguous. The transcript of the hearing is entitled "HEARING ON THE WHEREABOUTS OF STEVEN THOMAS, A JUVENILE, 17 YEARS OF AGE." At the close of the hearing, Judge Lewis told Mrs. Thomas, "You are presently guilty of concealing and harboring a child which is a fugitive from justice," and held her in contempt of court.
After both the State and the defense had rested its case, the following occurred between the juvenile court judge and Mrs. Thomas:
To continue reading
Request your trial
-
Dobyne v. State
...Northport, 557 So.2d 1272 (Ala.Civ.App.1989), cert. denied, 498 U.S. 822, 111 S.Ct. 71, 112 L.Ed.2d 45 (U.S.Ala.1990); Thomas v. State, 550 So.2d 1057 (Ala.Crim.App.1989), aff'd, State v. Thomas, 550 So.2d 1067 (Ala.1989). In its denial of the motion, the trial court clearly stated that the......
-
Sheffield v. Owens-Corning Fiberglass Corp.
...materials omitted from the record so that the record on appeal will accurately reflect what occurred in the trial court." Thomas v. State, 550 So.2d 1057, 1062 (Ala.Crim.App.), aff'd, 550 So.2d 1067 (1989). The Rule "neither contemplates nor authorizes the introduction of documents, exhibit......
-
Smith v. State
...Northport, 557 So.2d 1272 (Ala.Civ.App.1989), cert. denied, 498 U.S. 822, 111 S.Ct. 71, 112 L.Ed.2d 45 (U.S.Ala.1990); Thomas v. State, 550 So.2d 1057 (Ala.Crim.App.1989), aff'd, State v. Thomas, 550 So.2d 1067 (Ala. 1989). In its denial of the motion, the trial court clearly stated that th......
-
Watkins v. State
...information (1) was proper for a Rule 10(f) motion in the sense that it is "what occurred" in the trial court, see Thomas v. State, 550 So.2d 1057, 1062 (Ala.Cr.App.), aff'd, 550 So.2d 1067 (Ala.1989); (2) was obviously available and undisputed; 2 and (3) was crucial to a review of the issu......