Brandt v. Ozmint’s Empirical Analysis

Citation profile

1 federal appellate · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Direct contempt involves contemptuous conduct in the presence of the court. A person may be found guilty of direct contempt if the conduct interferes with judicial proceedings, exhibits disrespect for the court, or hampers the parties or witnesses. Direct contempt that occurs in the court’s presence may be immediately adjudged and sanctioned summarily- South Carolina courts have always taken a liberal and expansive view of the “presence” and “court” requirements. The “presence of the court” extends beyond the mere physical presence of the judge or the courtroom to encompass all elements of the system. This Court has recognized that depositions are judicial proceedings and are within the “presence of the court.” ... Because there is no presiding authority, it is even more incumbent upon attorneys to conduct themselves in a professional and civil manner during a deposition. In the present case, the record shows that Brandt presented a fraudulent document to the court. The document was introduced at the deposition of Professor John Freeman.... Further, the record shows that Brandt was the sole cause of the introduction of the document into this case when he provided a supplemental response to the request to produce one day before Professor Freeman’s deposition. We hold that the introduction of the document into the deposition constituted an introduction of the document into the presence of the court, warranting a citation for direct contempt. Therefore, we hold that the trial co”

   1 later decision quote this exact passage · from the majority
   e.g. Brandt v. Gooding

2. “[t]he trial judge did not have personal knowledge that [Brandt] forged the letter, but instead had to rely on the testimony of a document expert and evidence put forth by [Gooding]. Without the trial judge having personal knowledge, the contempt cannot be said to have occurred under the eye or within the view of the court, and therefore, it did not occur in open court. Because the contempt occurred outside of open court, [Brandt] was entitled to his due process rights, and as described by the Magistrate Judge, [Brandt] was denied many of his rights, including his rights to counsel, notice, and the opportunity to be heard. Hence, by upholding the proceeding where the trial judge denied [Brandt] many of his due process rights when convicting him of criminal contempt that occurred outside of open court, the South Carolina Supreme Court arrived at a decision that was contrary to or unreasonably applied controlling federal law.”

   1 later decision quote this exact passage · from the majority
   e.g. Brandt v. Gooding