Orndoff v. Commonwealth

Holding

Appellant testified at a criminal jury trial as a witness for the Commonwealth. The circuit court held her in summary criminal contempt pursuant to Code § 18.2-456 for “misbehavior in the presence of the court” on the basis that she was intoxicated and sentenced her to ten days in jail. On appeal, among other issues, appellant challenges the sufficiency of the evidence supporting her summary contempt conviction. The circuit court observed behavior by appellant that was understandably a source of concern for the court. However, the evidence personally observed by the judge in the courtroom did not establish, beyond a reasonable doubt, that her behavior was attributable to voluntary intoxication. In addition, some of the court’s findings are not based on ambiguous or imprecise aspects of the record — they are contradicted by the record. Consequently, holding appellant in summary contempt was not appropriate. The judgment of the Court of Appeals, which affirmed the circuit court judgment en banc by an equally divided court, without opinion pursuant to Code § 17.1-402(E), is reversed, the circuit court’s judgment of contempt is reversed, and the conviction is vacated.