United States v. Dickinson, Crim. No. 71-85.
| Decision Date | 10 October 1972 |
| Docket Number | Crim. No. 71-85. |
| Citation | 349 F. Supp. 227 |
| Parties | UNITED STATES of America v. Larry DICKINSON and Gibbs Adams. |
| Court | U.S. District Court — Middle District of Louisiana |
Gerald J. Gallinghouse, U. S. Atty., James D. Carriere, Asst. U. S. Atty., E. D. La., New Orleans, La., for the United States.
Frank W. Middleton, Jr., Frank M. Coates, Jr., Taylor, Porter, Brooks & Phillips, Baton Rouge, La., for Larry Dickinson and Gibbs Adams.
Defendants, Larry Dickinson and Gibbs Adams, were held in criminal contempt of this Court and fined the sum of $300 each. The conviction of contempt resulted from the defendants' knowingly, intentionally, and willfully violating an order of this Court. Prior to their intentional and pre-announced violation of the Court's order, they made no effort to obtain a judicial determination of the validity of the Court's order despite the fact that two or more avenues were open and available for them to do so. Following their conviction, they appealed to the Fifth Circuit Court of Appeals and that Court subsequently held that the order which had been disobeyed by the defendants was constitutionally infirm and was thus an invalid order. But in the course of their opinion the Court of Appeals, 465 F.2d 496, after recognizing the well established rule of law that as a general rule invalid as well as valid orders of Court must be obeyed unless and until judicially set aside, said:
"Of course, the rule that unconstitutional court orders must nevertheless be obeyed until set aside pre-supposes the existence of at least three conditions: (i) the court issuing the injunction must enjoy subject matter and personal jurisdiction over the controversy; (ii) adequate and effective remedies must be available for orderly review of the challenged ruling, and (iii) the order must not require an irretrievable surrender of constitutional guarantees."
The Court then proceeded to find that all of these conditions most certainly existed in this case and concluded that:
But after making this positive finding, the Court of Appeals remanded the case to this Court for reconsideration and for a determination of "whether the judgment of...
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Lewis v. S. S. Baune
...the risk of being held in criminal contempt, Maness v. Meyers, supra; United States v. Dickinson, 5 Cir. 1972, 465 F.2d 496, on remand, 349 F.Supp. 227, affirmed on second appeal, 5 Cir., 476 F.2d 373, cert. denied, 414 U.S. 979, 94 S.Ct. 270, 38 L.Ed.2d When a person is adjudged in contemp......
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Louisiana Ed. Ass'n v. Richland Parish Sch. Bd.
...409 U.S. 1044, 93 S.Ct. 540, 34 L.Ed.2d 494 (1972); United States v. Dickinson, 465 F.2d 496, 510 (5th Cir. 1972), on remand, 349 F.Supp. 227 (M.D.La.1972), aff'd, 476 F.2d 373 (5th Cir.), cert. denied, 414 U.S. 979, 94 S.Ct. 270, 38 L.Ed.2d 223 (1973); 11 Wright & Miller, Federal Practice ......
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Grand Jury Proceedings, In re
...be enforced by the contempt power." United States v. Dickinson, 5 Cir. 1972, 465 F.2d 496, 512 (emphasis in original), On remand, M.D.La.1972, 349 F.Supp. 227, Aff'd, 5 Cir. 1973, 476 F.2d 373, Cert. denied, 414 U.S. 979, 94 S.Ct. 270, 38 L.Ed.2d The Maness court did not limit its holding t......
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Goldblum v. National Broadcasting Corp.
...388 U.S. 307, 87 S.Ct. 1824, 18 L.Ed.2d 1210 (1967); See United States v. Dickinson, 465 F.2d 496 (5th Cir.), On remand, 349 F.Supp. 227 (M.D.La.1972), Appeal from remand, 476 F.2d 373 (5th Cir.), Cert. denied, 414 U.S. 979, 94 S.Ct. 270, 38 L.Ed.2d 223 (1973); See also Maness v. Meyers, 41......