In re Deters

Citations

• 2020 Ohio 3518

Syllabus

CONTEMPT – COUNSEL – PUBLIC TRIAL – CONTINUANCE – EVIDENCE: The trial court was required to afford defendant due-process protections where the allegedly contemptuous acts occurred outside of the courtroom, the court relied on information provided by two sheriff's deputies, and the nature of the acts did not require immediate suppression and punishment. In an indirect criminal contempt case, defendant was not denied his right to counsel where defendant's waiver of the right to counsel could be inferred under the totality of the circumstances. Trivial exclusions of spectators from the courtroom do not violate a defendant's right to a public trial. Defendant was not denied his right to a public trial where the trial court held his contempt hearing after the courthouse's public hours, particularly where the record does not show that anyone was actually excluded from the courtroom. The trial court did not abuse its discretion in denying defendant's request for a continuance where defendant failed to demonstrate prejudice and engaged in dilatory tactics. Exhibits introduced at trial but not formally received into evidence are deemed admitted where they were treated at trial, without objection, as if they were admitted into evidence. Defendant's conviction for indirect criminal contempt was supported by sufficient evidence where the evidence showed that defendant violated an agreed order prohibiting public demonstrations regarding the pending cases.