The determination of whether a party is in contempt of court is a matter within the sound discretion of the trial court. Jackson v. State, 644 N.E.2d 607, 608 (Ind.Ct.App. 1994), trans. denied. We will only reverse the trial court's determination if the court has abused its discretion.
The first issue addressed by the parties is whether the trial court abused its discretion when it found Packer in contempt. A trial court has discretion to determine whether a party is in contempt of court.Jackson v. State, 644 N.E.2d 607, 607 (Ind.Ct.App. 1994), trans. denied. We will reverse the trial court's finding only if the trial court abused its discretion.
[8] The determination of whether a party is in contempt of court is a matter within the sound discretion of the trial court. Jackson v. State, 644 N.E.2d 607, 608 (Ind.Ct.App.1994), trans. denied.
It cites a number of decisions, but all of them involve situations where, unlike in the case before us, charges had already been brought. See Lucas v. State, 499 N.E.2d 1090, 1095 (Ind.1986) (trial court granted use immunity for pre-trial deposition); In re Gardner, 713 N.E.2d 346, 347 (Ind.Ct.App.1999) (State attempted to depose Gardner about charges against a fellow inmate, and Gardner refused to testify at the deposition even though he was given use immunity); Jackson v. State, 644 N.E.2d 607, 608 (Ind.Ct.App.1994) (Jackson was granted use immunity but refused to testify during deposition during codefendant's trial), trans. denied; and Chanley v. State, 550 N.E.2d 764, 767 (Ind.Ct.App.1990) (State's first petition for use immunity at deposition of Chanley as a witness on behalf of a charged defendant was not premature when Chanley would likely assert the Fifth Amendment right against self-incrimination when faced with similar questions asked by the prosecutor at trial). The State relies on Indiana Bell to support the premise that because “the investigatory powers of the prosecutor now parallel those of the grand jury” and a prosecutor “has the same ability to accumulate evidence as the grand jury,” 274 Ind. at 135, 409 N.E.2d at 1091, the prosecutor must necessarily have the same authority to offer use immunity as is available in grand jury proceedings.
The determination of whether a party is in contempt of court is a matter within the sound discretion of the trial court. Williams v. State ex rel. Harris, 690 N.E.2d 315, 316 (Ind.Ct.App. 1997); see also Jackson v. State, 644 N.E.2d 607, 608 (Ind.Ct.App. 1994), trans. denied. We will reverse the trial court's determination only if the court has abused its discretion.
The determination of whether a party is in contempt of court is a matter within the sound discretion of the trial court. Jackson v. State, 644 N.E.2d 607, 608 (Ind.Ct.App. 1994), trans. denied.
The determination of whether a party is in contempt of court is a matter within the sound discretion of the trial court. Jackson v. State, 644 N.E.2d 607, 608 (Ind. Ct. App. 1994), trans. denied. We will only reverse the trial court's determination for an abuse of discretion.
State v. Peters (1994), Ind. App., 637 N.E.2d 145. In Jackson v. State (1994), Ind. App., 644 N.E.2d 607, this court declared an immunized witness's fears that the State might use his testimony to obtain witnesses against him to be without merit and speculative. Steelman's arguments are likewise speculative and premature.