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Panel dismisses contempt appeal as moot

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A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.

A panel of the Indiana Court of Appeals dismissed Dayron Bell’s appeal as moot because he had served his sentence. Only one of the four appellate issues he raised as justifying review was considered: whether the public interest exception justified appeal.

In Dayron Bell v. State of Indiana, 82A01-1306-CR-271, Bell appealed a finding that he was in direct contempt of court, arguing instead that he should have been held in indirect contempt for comments he made outside the courtroom to witnesses in the murder trial of his brother, Christopher.

Dayron Bell was ordered jailed for the duration of the trial, after which he was formally sentenced to serve 90 days in the Vanderburgh County Jail with no good time credit. His sentence was completed in August.

On appeal, he argued the court should use the public interest exception because: he claimed he was denied due process; that a similar situation was likely to arise again, so the court should weigh whether the incident was direct or indirect contempt; and that the court should review whether the denial of credit for time served was proper.

“Nothing in the facts of Bell’s case persuades this court that the issues raised by Bell are of ‘great public importance,’” Judge Edward Najam wrote for the panel, noting his appeal conflates the public-interest exception with error review. "That is not the purpose of this limited exception, and we will not deviate from our general rule of not deciding moot cases based on these facts. Accordingly, we decline Bell’s invitation to apply the public interest exception to this appeal, and we dismiss Bell’s appeal as moot.”  

 


 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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