State v. Fitzgerald

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 09-01-2021
  • Case #: A168732
  • Judge(s)/Court Below: Kistler, S.J. for the Court; Mooney, P.J.; & Egan, C.J.
  • Full Text Opinion

The ability to appeal a trial court’s ruling rests on the whether the issue was preserved at trial.

Defendant appealed the trial court’s judgment of summary contempt. Defendant claimed the trial court erred by holding him in contempt for exercising his constitutional right. Defendant claimed that the sustenance of his courtroom outburst was the reason for the trial court finding him in contempt. The State argued that the issue was not preserved for appeal. The ability to appeal a trial court’s ruling rests on the whether the issue was preserved at trial. The Court held that Defendant failed to preserve the issue to appeal the trial court’s contempt judgment. The Court also held that regardless of if the issue had been preserved, the Court sufficiently explained that Defendant’s conduct was the cause of the contempt judgment and not the sustenance of his outburst. Affirmed.

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