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20131010_AG_Response

20131010_AG_Response

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Published by tallahasseeobserver
Attorney General Pam Bondi doesn't support the actions of Judge Karen Gievers of Leon County Kangaroo Court.
Attorney General Pam Bondi doesn't support the actions of Judge Karen Gievers of Leon County Kangaroo Court.

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Categories:Types, Business/Law
Published by: tallahasseeobserver on Oct 11, 2013
Copyright:Attribution Non-commercial

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01/30/2014

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IN THE DISTRICT COURT OF APPEALFIRST DISTRICT OF FLORIDAMARK T. HASH,Petitioner,v.STATE OF FLORIDAand RESCHIN MOORE,Respondents.CASE NO. 1D13-4814 
RESPONSE TO ORDER TO SHOW CAUSE WHY THEPETITION FOR WRIT OF HABEAS CORPUS SHOULD NOT BE GRANTED
The State files the following response to the Court’s Order to ShowCause dated October 8, 2013, and states as follows:
JURISDICTION
Petitioner alleges that he is being unlawfully detained pursuantto an order of the circuit court finding him in direct and indirectcriminal contempt. District courts may issue writs of habeas corpusreturnable before the court or any judge thereof, or before anycircuit judge within the territorial jurisdiction of the court. Fla.R. Crim. P. 9.030(b)(3).
HABEAS CORPUSStandards
“Though it is the rule of this jurisdiction that in a contemptproceeding the determination of the facts and inferences to be drawntherefrom will generally be left to the decision of the trial judge,whose conclusion as to the acts done and as to their contemptuous
E-Copy Received Oct 10, 2013 2:23 PM 
 
character or effect, will not be lightly disturbed by the districtcourt on habeas corpus, Baumgartner v. Joughin, 105 Fla. 335, 141 So.185, [Fla. 1932] the rule is subject to the principle, that where theacts constituting the alleged contempt take place out of the presenceof the Court and relate to improper proposals to influence the actionsof jurors or other court officials in the performance of theirofficial duties, such proposals must be proven in the same manner andto the same degree of certainty as other criminal charges are provenif a valid judgment of contempt is to rest on them. See Stokes v.Scott, 138 Fla. 235, 189 So. 272 [Fla. 1939]; Williams v. Scott, 138Fla. 239, 189 So. 272 [Fla. 1939]”. Marshall v. Clark, 45 So. 2d 667(Fla. 1950).
FACT AND PROCEDURAL HISTORY
The State was not involved in the proceedings below and has beenprovided no part of the record beyond that which is attached to thepetition and response. The State notes that it is incredibly difficultto respond, especially in this very limited time period, when theState was not made a party to the proceedings below and the contempthearing was not treated as a criminal proceeding. The State relies onthe facts and procedural history as laid out in the Petitioner Hash’spetition and Respondent Moore’s response.
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The State is only
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The pleadings reflect that in a prior proceeding involvingthe same parties, Petitioner was found to be in contempt of courtin June 2013. In a certiorari proceeding in that case, hepetitioned this Court for a stay and immediate release. This
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responding to the allegations regarding the criminal contempt as itis not a party and will make no statement regarding the custodydispute or civil contempt complaints to the family law proceedings. 
 ARGUMENT
Florida Rules of Criminal Procedure 3.830 and 3.840 governcriminal contempt proceedings.Rule 3.830 which governs direct criminal contempt proceedingsprovides in pertinent part:A criminal contempt may be punished summarily if thecourt saw or heard the conduct constituting thecontempt committed in the actual presence of thecourt. The judgment of guilt of contempt shall includea recital of those facts on which the adjudication isbased. Prior to the adjudication of guilt the judgeshall inform the defendant of the accusation againstthe defendant and inquire as to whether the defendanthas any cause to show why he or she should not beadjudged guilty of contempt the court and sentencedtherefor.Rule 3.840 governs indirect criminal contempt proceedings andprovides:A criminal contempt, except as provided in rule 3.830concerning direct contempts, shall be prosecuted inthe following manner:Court granted the petition and issued an order vacating the orderfinding Petitioner to be in contempt and directing the lowertribunal to release him from incarceration. (1D13-2638)(See Exh.4 attached to the instant petition). The State was not a partyin that case and has no copies of pleadings other than thoseattached as exhibits to the petition and response in the instantcase.
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