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2021 Ark. App. 397

Choate v. State.655

Court of Appeals of Arkansas

Decided October 20, 2021

Court of Appeals of Arkansas · decided 2021-10-20

Cited by 1 later decisions — most recently October 2021

1 state decisions

Relies on 2021 Ark. App. 402 - Choate v. State.654

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Decided 2021-10-20

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                                             Cite as 
2021 Ark. App. 397
Elizabeth Perry
I attest to the accuracy and   ARKANSAS COURT OF APPEALS
integrity of this document                          DIVISION I
2023.07.12 12:50:24 -05'00'                        No. CR-20-655

2023.003.20215
                                                             Opinion Delivered October 20, 2021
             MARY CHOATE
                                            APPELLANT
                                                             APPEAL FROM THE MILLER
             V.                                              COUNTY CIRCUIT COURT
                                                             [NO. 46JV-19-112]
             STATE OF ARKANSAS & T.J.
                                  APPELLEES
                                                             HONORABLE KIRK JOHNSON,
                                                             JUDGE

                                                             REVERSED AND DISMISSED IN
                                                             PART; DISMISSED IN PART


                                           RITA W. GRUBER, Judge

                   Mary Choate appeals from an order entered on October 30, 2020, by the Miller

            County Circuit Court finding her in criminal contempt for conduct that occurred in the

            courthouse hallway during juvenile proceedings on August 21, 2019. She also appeals a

            restraining order entered on September 5, 2019, arising out of the same conduct. Because

            she did not timely appeal from the restraining order or designate the order in her notice of

            appeal, we dismiss the appeal related to that order. Regarding the October 2020 order

            finding her in contempt, she argues that the evidence did not rise to the level of

            contemptuous conduct and that the court erred in finding her in contempt. Because the

            facts, issues on appeal, and arguments are identical to those presented in Choate v. State, 
2021 Ark. App. 402
, which we also hand down today, we find it unnecessary to restate them
herein. Furthermore, on the basis of our reasoning set forth in the companion case, we

reverse and dismiss.

       Reversed and dismissed in part; dismissed in part.

       WHITEAKER and VAUGHT, JJ., agree.

       Jason Owens Law Firm, P.A., by: Jason E. Owens, for appellant.

       Leslie Rutledge, Att’y Gen., by: Rachel Kemp, Sr. Ass’t Att’y Gen., for appellee.




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