City of Cleveland v. Robinson

Summary

The Ohio Eighth District Court of Appeals reversed Jovan Robinson’s criminal contempt conviction and remanded the case. The court held that alleged violations of a no-contact order occurring outside the court’s presence constituted indirect criminal contempt, requiring procedural protections under Ohio Revised Code section 2705.03, including an adversary hearing. Because no evidentiary or adversary hearing was held, the conviction violated Robinson’s due process rights.

Holdings

1. An alleged violation occurring outside the presence of the court is indirect contempt, not direct contempt.
2. A person charged with indirect criminal contempt must receive procedural safeguards, including a written charge, an adversary hearing, and the opportunity for legal representation.
3. The contempt conviction must be reversed because the municipal court found Robinson guilty of indirect criminal contempt without providing the required adversary hearing.

Questions Presented

1. Whether the alleged violation of the no-contact order constituted direct or indirect contempt.
2. Whether Robinson was entitled to the procedural safeguards applicable to indirect criminal contempt, including a written charge, an adversary hearing, and an opportunity for legal representation.
3. Whether the municipal court could find Robinson guilty of criminal contempt without an evidentiary or adversary hearing.

Disposition

reversed_and_remanded