Texas Court of Appeals
722 S.W.2d 707 (1987)
Pamela Daniels (plaintiff) filed a writ of habeas corpus challenging her 30-day confinement following a conviction for criminal contempt of court. Daniels appeared pro se before Judge Max Boyer and was involved in an argument with the judge, who ordered her to leave the courtroom and not return until she obtained counsel. Daniels did not leave immediately, and the bailiff was ordered to escort her out. Daniels went peacefully with the bailiff until they reached the courtroom door, when she allegedly tried to strike the master of the court in the head with her purse and had to be subdued by the bailiff, who threw her against the wall. Approximately four hours later, the judge ordered Daniels brought before him for a summary contempt proceeding. Daniels was not appointed counsel, but instead continued pro se. The judge found Daniels to be in direct criminal contempt and ordered her to be jailed for 30 days and to pay $33 in court costs. Daniels found counsel and appealed, arguing that her confinement was illegal because she was denied counsel during the contempt proceedings. Daniels argued that because the judge did not see much of the allegedly contemptuous activity, the alleged contempt was constructive rather than direct, and she was therefore entitled to counsel. A brief by the judge stated that while the judge had no knowledge of the attempt to assault the master of the court, the judge was aware that Daniels had done something disruptive at the courtroom’s door.
Rule of Law
Holding and Reasoning (McCormick, J.)
Dissent (Clinton, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.