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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

APPELLANT PRO SE: RAYMOND C. BOWYER Walton, Indiana

IN THE COURT OF APPEALS OF INDIANA
RAYMOND C. BOWYER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 09A02-0703-CR-254

APPEAL FROM THE CASS SUPERIOR COURT The Honorable Richard A. Maughmer, Judge Cause No. 09D02-0607-MC-5

December 31, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Raymond Bowyer was found in direct contempt of court for failing to appear for a scheduled hearing and for filing pleadings characterized by the contempt information as accusing a judge of "making inappropriate comments, unprofessionalism, malfeasance, misfeasance, destruction of evidence, and impropriety." (App. at 7.) We reverse. FACTS AND PROCEDURAL HISTORY In June and July of 2006, Bowyer moved for the recusal of Cass Superior Court Judge Richard Maughmer. He offered a number of exhibits to show Judge Maughmer had "personal animus, bias and prejudice" against Bowyer. (Br. of Appellant at 6.) Bowyer included documents critical of Judge Maughmer's performance when he was prosecutor. prosecutor. In July of 2006 the court issued an information alleging direct criminal contempt of court and ordering Bowyer to appear and show cause why he should not be held in contempt. The hearing was continued to October of 2006, and Bowyer did not appear. The court issued a bench warrant for his arrest. Bowyer subsequently appeared with counsel, a hearing was held, and the trial court found him guilty of contempt and failure to appear at the October hearing. DISCUSSION AND DECISION The State filed a Waiver of Brief of Appellee, which we accepted. When an appellee does not submit an answer brief we need not undertake the burden of developing an argument on the appellee's behalf. Trinity Homes, LLC v. Fang, 848 N.E.2d 1065,
2

Bowyer had run against Judge Maughmer in the primary election for

1068 (Ind. 2006). Rather, we will reverse the trial court's judgment if the appellant's brief presents prima facie error. Id. Prima facie error in this context is defined as "at first sight, on first appearance, or on the face of it." Id. If the appellant cannot meet this burden, we will affirm. Whether a party is in contempt of court is left to the discretion of the trial court. City of Gary v. Major, 822 N.E.2d 165, 171 (Ind. 2005). We will reverse a finding of contempt only if there is no evidence or inference therefrom to support it. Id. There are two types of contempt, direct and indirect. Direct contempt is conduct directly interfering with court proceedings while court is in session, including creation of noise or confusion, disrespectful conduct and refusal to take the witness stand. Curtis v. State, 625 N.E.2d 496, 497 (Ind. Ct. App. 1993). Such conduct must generally take place in or immediately adjacent to the courtroom and while court is in session, so that the judge has personal knowledge of such conduct in his official capacity. Id.; Ind. Code

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