Loading ...
Sorry, an error occurred while loading the content.

Actual Denial of Due Process

Expand Messages
  • chico_rhasiatry
    I was found guilty of contempt in Ohio without a hearing by the same judge (who did not recuse herself) and told that I was not allowed to speak by threat of
    Message 1 of 1 , Dec 14, 2011
    • 0 Attachment

      I was found guilty of contempt in Ohio without a hearing by the same judge (who did not recuse herself) and told that I was not allowed to speak by threat of electrocution while in restraints. I think this is a violation of the right to due process. Looks like the Supreme Court of the United States and the State of Ohio Legislature agrees. Do you?


      "The essential elements of due process of law are notice and opportunity to defend, and in determining whether such rights are denied, the Court is governed by the substance of things, and not by mere form.Simon vs. Craft, 182 U. S. 427 (1901).

      Ohio Revised Code:

      2705.05 Hearings for contempt proceedings.

      (A) In all contempt proceedings, the court shall conduct a hearing. At the hearing, the court shall investigate the charge and hear any answer or testimony that the accused makes or offers and shall determine whether the accused is guilty of the contempt charge. If the accused is found guilty, the court may impose any of the following penalties:

      (1) For a first offense, a fine of not more than two hundred fifty dollars, a definite term of imprisonment of not more than thirty days in jail, or both;

      (2) For a second offense, a fine of not more than five hundred dollars, a definite term of imprisonment of not more than sixty days in jail, or both;

      (3) For a third or subsequent offense, a fine of not more than one thousand dollars, a definite term of imprisonment of not more than ninety days in jail, or both.

      (B) In all contempt proceedings initiated pursuant to section 2705.031 of the Revised Code against an employer, the bureau of workers' compensation, an employer that is paying workers' compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution that is ordered to withhold or deduct an amount of money from the income or other assets of a person required to pay support and that fails to withhold or deduct the amount of money as ordered by the support order, the court also may require the employer, the bureau of workers' compensation, an employer that is paying workers' compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution to pay the accumulated support arrearages.

      Effective Date: 12-01-1986

    Your message has been successfully submitted and would be delivered to recipients shortly.