In re Chambers

Citations

• 2019 Ohio 3596

Syllabus

APPELLATE REVIEW/CRIMINAL – CONTEMPT: Where the contemnor has voluntarily completed her sentence, her appeal of the finding of contempt is moot when no evidence is offered from which it can be inferred that the contemnor will suffer a collateral consequence from the contempt finding. The completion of a contempt sentence is not voluntary for mootness purposes if the circumstances surrounding the completion show the contemnor neither acquiesced in the judgment nor abandoned the right to appellate review, that she retains a substantial stake in the finding of contempt, and that there is subject matter for the appellate court to decide. Where a contemnor, twice found in contempt and sentenced to three- and ten-day terms of confinement, served her sentences without seeking a stay of execution, her appeal from the first finding was not moot, because her completion of the sentence was not voluntary: when given the chance to address the court upon the finding of contempt, she denied the allegations and unsuccessfully requested an attorney, and the record does not reflect she was afforded counsel before her three-day sentence expired conversely, her completion of the second sentence was voluntary because the record showed she did not contest the finding of contempt in the trial court, she was appointed counsel while serving her sentence but failed to move for a stay, and she did not file her notice of appeal until after she had completed her sentence. Where the trial court lacked personal knowledge of allegedly contemptuous acts in the courtroom area and had relied on information provided by the court's bailiff and a sheriff's deputy, the court was required to afford the alleged contemnor due-process protections, as set forth in R.C. 2705.03.