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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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