4D04-4227-McNamee v. State

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-4227

Case Date: 12/07/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT July Term 2005 OWEN MCNAMEE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-4227 December 7, 2005 PER CURIAM. Owen McNamee, an attorney, appeals an adjudication of direct criminal contempt. Although McNamee raises several issues, we reverse as to only the effect of the trial court's ordering that McNamee be immediately taken into "custody" before he was afforded the opportunity to show cause as to why he should not be held in contempt. McNamee represented a defendant in a criminal case. The underlying event took place during a calendar call at which the trial court concluded that McNamee's statements, conduct, tone of voice, and attitude constituted contempt of court, at which time the following transpired: THE COURT: If I hear that tone one more time I'm putting you in jail for the evening. Do we understand each other? MCNAMEE: Yes, Your Honor, I understand you. THE COURT: I've never

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