Linder v. Weaver, 364 Ark. 319

Summary

The Arkansas Supreme Court granted Jennifer Linder’s petition for a writ of certiorari after she was held in contempt and sentenced to one year in jail for violating court orders arising from post-divorce custody proceedings. The court held that direct appeal was an inadequate remedy because she was immediately incarcerated, that the trial court’s amended order was void for lack of notice, and that she was entitled to a jury trial because the original sentence exceeded six months. The court directed that Linder be released from detention; a concurrence also discussed reducing the sentence and appointing an attorney ad litem in the custody matter.

Holdings

1. Certiorari was available because the trial court was proceeding illegally and direct appellate review would have been useless while Linder remained incarcerated.
2. The amended order reducing Linder's sentence was null and void because the trial judge entered it without actual or constructive notice to the parties.
3. Linder was entitled to a jury trial because the original sentence imposed one year of imprisonment, and she was not required to request a jury when the trial judge had not provided the required notice that a sentence exceeding six months was contemplated.

Questions Presented

1. Whether certiorari was available to challenge Linder's contempt sentence when she had been immediately jailed and a direct appeal would have been ineffective.
2. Whether the trial court's amended order reducing the sentence from one year to six months was valid when entered without notice to the parties.
3. Whether Linder was entitled to a jury trial before receiving a criminal-contempt sentence exceeding six months, despite not requesting a jury trial before the contempt proceeding.

Disposition

writ_granted