In the Matter of Lafferty

Full title: IN THE MATTER OF LAFFERTY

Court: Michigan Court of Appeals

Date published: Dec 9, 1970

185 N.W.2d 189 (Mich. Ct. App. 1970)

185 N.W.2d 189

Opinion

Docket Nos. 8952-8956.

Decided December 9, 1970.

Appeal from Recorder's Court of Detroit, Joseph A. Gillis, J. Submitted Division 1 November 10, 1970, at Detroit. (Docket Nos. 8952-8956.) Decided December 9, 1970.

James T. Lafferty, Michael Lull, Owen Love, and Robert J. Rederscheid, Jr., were convicted of criminal contempt. Defendants appeal. Reversed.

Henrietta E. Rosenthal, for the judge of Recorder's Court of Detroit.

Lafferty, Reosti, Jabara, Papakhian, James, Strickgold Smith and Goodman, Eden, Robb, Millender, Goodman Bedrosian ( Gage, Burgess Knox, of counsel), for defendants on appeal.

Amicus curiae: Metropolitan Detroit Branch, American Civil Liberties Union, by James K. Robinson.

Before: V.J. BRENNAN, P.J., and LEVIN and PETERSON,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

The exercise by a trial judge of his summary power to punish for contempt of court committed in his presence is subject to review on appeal. See In re Scott (1955), 342 Mich. 614, 616; In re Burns (1969), 19 Mich. App. 525; People v. Ravitz (1970), 26 Mich. App. 263. It would not serve a constructive purpose to attempt to summarize the record. Suffice it to say that we have read and reread the transcript of the proceedings and have concluded that the convictions and sentences should be and hereby are set aside and reversed.