Brown v. Commonwealth, 497 S.E.2d 147 (Va. Ct. App. 1998). · Go Syfert
Brown v. Commonwealth, 497 S.E.2d 147 (Va. Ct. App. 1998). Cases Citing This Book View Copy Cite
“where the court's authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.”
74 citation events (66 in the last 25 years) across 2 distinct courts.
Strongest positive: Peter J. Tedford v. Leanne Dean-Bryant (vactapp, 2004-09-28)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 22 distinct citers.
examined Cited as authority (verbatim quote) Peter J. Tedford v. Leanne Dean-Bryant (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2004 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
where the court's authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.
discussed Cited as authority (rule) Jacob Alexander Meadows v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Brown v. Commonwealth, 26 Va. App. 758, 762 (1998).
discussed Cited as authority (rule) Steve L. Washington v. Commonwealth of Virginia (2×) also: Cited "see"
Va. Ct. App. · 2024 · confidence medium
In addition, when determining whether the evidence was sufficient for contempt, we have stated, “Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Abdo v. Commonwealth, 64 Va. App. 468, 474-75 (2015) (quoting Brown v. Commonwealth, 26 Va. App. 758, 762 (1998)); Nusbaum v. Berlin, 273 Va. 385 , 408 (2007).
discussed Cited as authority (rule) Melanie Jones Ballard v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
“Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Abdo v. Commonwealth, 64 Va. App. 468, 474-75 (2015) (quoting Brown v. Commonwealth, 26 Va. App. 758, 762 (1998)).
discussed Cited as authority (rule) Man K. Nguyen v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
A. Standard of Review “Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Abdo v. Commonwealth, 64 Va. App. 468, 474-75 (2015) (quoting Brown v. -6- Commonwealth, 26 Va. App. 758, 762 (1998)).
discussed Cited as authority (rule) Alan D. Weber v. County of Henrico
Va. Ct. App. · 2018 · confidence medium
A court’s finding of contempt and imposition of sanctions “will not be reversed unless plainly wrong or without evidence to support it.” Glanz v. Mendelson, 34 Va. App. 141, 148 , 538 S.E.2d 348, 351-52 (2000) (quoting Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998)).
discussed Cited as authority (rule) Alexy J. Abdo, a/k/a Alexi J. Abdo v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
“Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or *475 without evidence to support it.” Brown v. Commonwealth, 26 Va.App. 758, 762 , 497 S.E.2d 147, 149 (1998).
discussed Cited as authority (rule) Andrew Becker, s/k/a Andrew Ira Becker v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
“On review of an insufficiency claim, ‘this Court does not substitute its judgment for that of the trier of fact.’ ” Robinson v. Commonwealth, 41 Va.App. 137, 142 , 583 S.E.2d 60, 62 (2003) (quoting Jett v. Commonwealth, 29 Va.App. 190, 194 , 510 S.E.2d 747, 748 (1999) (en banc)). “‘Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.’ ” Id. (quoting Brown v. Commonwealth, 26 Va.App. 758, 762 , 497 S.E.2d 147, 149 (1998)). “ ‘…
examined Cited as authority (rule) Singleton v. Commonwealth (3×) also: Cited "see"
Va. Ct. App. · 2008 · confidence medium
Though our case law has touched on the subject in analogous circumstances, Brown, 26 Va.App. at 762 , 497 S.E.2d at 149 (upholding summary contempt where the attorney arrived forty minutes late for trial), and other jurisdictions appear divided on the subject, 2 we will not engage the issue in this case. *672 Rule 5A:18 precludes appellants from raising for the first time on appeal “grounds asserted as a ‘basis for reversal’ of the trial court’s judgment.” Blackman v. Commonwealth, 45 Va.App. 633, 642 , 613 S.E.2d 460, 465 (2005).
discussed Cited as authority (rule) Homecare of Virginia, Inc. and William S. Jones, Jr. v. Maurice A. Jones, Commissioner, Virginia DSS
Va. Ct. App. · 2004 · confidence medium
“Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998).
discussed Cited as authority (rule) Robinson v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
“Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Brown v. Commonwealth, 26 Va.App. 758, 762 , 497 S.E.2d 147, 149 (1998). ‘We must view the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.” Baugh v. Commonwealth, 14 Va.App. 368, 374 , 417 S.E.2d 891, 895 (1992). “ ‘Contempt is defined as an act in disrespect of the court or its processes, or which obst…
cited Cited as authority (rule) Jeffrey Austin Barron v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
Brown v. Commonwealth, 26 Va. App. 758, 763 , 497 S.E.2d 147, 150 (1998) (appellate court may reduce fine to what legislature authorized).
discussed Cited as authority (rule) William P Robinson, Jr v. Commonwealth
Va. Ct. App. · 2003 · confidence medium
"Where the court's authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it." Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998).
discussed Cited as authority (rule) WILLIE HARVEY MIDDLEBROOKS JR V COMMONWEALTH
Va. Ct. App. · 2002 · confidence medium
However, "[w]here the sentence imposed is in excess of that prescribed by law, only the part that is excessive is invalid." Brown v. Commonwealth, 26 Va. App. 758, 763 , 497 S.E.2d 147, 150 (1998) (citation omitted).
discussed Cited as authority (rule) Joseph T. Buxton v. Roger A. Murch
Va. Ct. App. · 2002 · confidence medium
FINDING OF CONTEMPT "Where the court's authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it." Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998).
discussed Cited as authority (rule) Sterling H. Weaver v. Commonwealth of Virginia
Va. Ct. App. · 2002 · confidence medium
Thus, we refer to the proceedings below as a trial rather than a hearing. 3 Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998). - 4 - (3) Vile, contemptuous or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding; (4) Misbehavior of an officer of the court in his official character; (5) Disobedience or resistance of an officer of the court, juror, witness or other person to any lawful…
discussed Cited as authority (rule) John D. Pellegrin v. Diane L.B. Pellegrin (Ramee) (2×) also: Cited "see"
Va. Ct. App. · 2002 · confidence medium
Where a court issues a judgment of contempt, "'its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.'" Glanz v. Mendelson, 34 Va. App. 141, 148 , 538 S.E.2d 348, 351 (2000) (quoting Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998)).
examined Cited as authority (rule) Commonwealth v. Foulks (3×)
Suffolk Cir. Ct. · 2001 · confidence medium
Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998) (citing Potts v. Commonwealth, 184 Va. 855, 859 , 36 S.E.2d 529, 530 (1946), and Carter v. Commonwealth, 2 Va. App. 392, 396 , 345 S.E.2d 5, 7-8 (1986)).
discussed Cited as authority (rule) Glanz v. Mendelson
Va. Ct. App. · 2000 · confidence medium
It is from this order that Glanz appeals. *148 ANALYSIS “Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Brown v. Commonwealth, 26 Va.App. 758, 762 , 497 S.E.2d 147, 149 (1998).
discussed Cited as authority (rule) Mardula v. Mendelson
Va. Ct. App. · 2000 · confidence medium
On December 22, 1999, the court entered a written order denying Mardula’s *125 motion for reconsideration and finding Mardula in contempt of the court’s September 14 and December 18, 1998 orders. 1 It is from this order that Mardula appeals. 2 ANALYSIS “Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Brown v. Commonwealth, 26 Va.App. 758, 762 , 497 S.E.2d 147, 149 (1998).
cited Cited as authority (rule) Mary E. Howard v. James T. Howard
Va. Ct. App. · 2000 · confidence medium
See id.; Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998).
discussed Cited as authority (rule) John G. Crandley v. Commonwealth of Virginia
Va. Ct. App. · 1999 · confidence medium
“Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it.” Brown v. Commonwealth, 26 Va. App. 758, 762 , 497 S.E.2d 147, 149 (1998) (citation omitted).
Curtis T. BROWN
v.
COMMONWEALTH of Virginia
0815971.
Court of Appeals of Virginia.
Mar 17, 1998.
497 S.E.2d 147
Curtis T. Brown, Norfolk, pro se., Jeffrey S. Shapiro, Assistant Attorney General (Richard Cullen, Attorney General; Richard B. Smith, Assistant Attorney General, on brief), for appellee.
Baker, Willis, Overton.
Cited by 23 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Court of Appeals of Virginia (1)
BAKER, Judge.

On March 3, 1997, attorney Curtis T. Brown was adjudged by the Circuit Court of the City of Norfolk (trial court) to be in contempt of court, in violation of Code § 18.2-456. Brown contends the evidence is insufficient to support the trial court’s finding of contempt and the punishment imposed. We hold that the evidence is sufficient to support the conviction but that the fine imposed is invalid to the extent it exceeds the statutory limit of $50.

The record indicates that, in a civil action pending in the trial court in which Brown represented the plaintiff, Brown filed a praecipe requesting that the case be set for trial by jury. At the court’s October 2,1996 docket call, with Brown’s agreement, the matter was set to be heard at 9:30 a.m. on March 3, 1997. At the scheduled time, the judge, a jury, defense counsel, and witnesses were present and prepared to try the case; however, when the clerk inquired whether the plaintiff was ready, the trial court noted: “He answers not.” Defense counsel advised the court that defendant was ready. The trial court announced that Brown would be given fifteen minutes to appear, after which contempt proceedings would begin pursuant to Code § 18.2-456.

[*761] At 10:08 a.m., thirty-eight minutes later, Brown appeared. When asked if plaintiff was ready, Brown responded only: “The plaintiff moves for a nonsuit.” The court responded: “All right. So ordered,” and directed Brown to “approach the bar.” When the trial court asked for an explanation, appellant replied:

It was just a mistake, Your Honor. I wasn’t aware of it. I left town last week, we didn’t have our docket book. My secretary made a mistake. I didn’t know about it. When she called — I guess the clerk called. Friday morning I was in South Carolina. I had an uncle that just passed and I didn’t call back to the office to even find out about the case. Me and [defendant’s counsel] are good friends. We talk all the time, but this is one case we didn’t talk about.

When the court noted that a praecipe signed by Brown had been filed, Brown replied:

Yes, sir, I’m aware of that. I’m aware that the case was set but I didn’t — it was one of the things that I just didn’t write down in my docket book. I’ve got four cases down at [Virginia Beach] and I was down there this morning, but I called back to the office and they told me about the case. I wasn’t aware.

Brown then advised the court that he had set four other cases for the same day in Virginia Beach Juvenile and Domestic Relations District Court and had gone there to attend to those cases, having not put the subject case in his docket book. The transcript shows no other reason for his failure to appear at the pre-scheduled time. [1] In making its finding, the trial court said:

All right. Mr. Brown, I find that you are in contempt of court, in violation of Virginia Code [§] 18.2-456, and that[*762] your misbehavior interrupted the administration of justice this morning. I fine you $400, $10 a minute for every minute you were late. You’re in contempt of court and ordered to pay the $400.

In relevant part, Code § 18.2-456 authorizes trial courts to punish officers of the court for “[misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice.”

“Contempt is defined as an act in disrespect of the court or its processes, or which obstructs the administration of justice, or tends to bring the court into disrepute.” 4A Michie’s Jurisprudence Contempt § 2 (Repl.Vol.1983). Any act which is calculated to embarrass, hinder, or obstruct the court in the administration of justice is contempt. Potts v. Commonwealth, 184 Va. 855, 859, 36 S.E.2d 529, 530 (1946).

Carter v. Commonwealth, 2 Va.App. 392, 396, 345 S.E.2d 5, 7-8 (1986).

Where the court’s authority to punish for contempt is exercised by a judgment rendered, its finding is presumed correct and will not be reversed unless plainly wrong or without evidence to support it. See Baugh v. Commonwealth, 14 Va.App. 368, 374, 417 S.E.2d 891, 895 (1992).

We hold that, where an attorney schedules multiple matters in different jurisdictions at the same time, his assertions of good faith “[do] not negate the reasonable inference that he recklessly or wilfully failed [timely] to advise the court of his conflicting schedule.” See Murphy v. Maryland, 46 Md.App. 138, 416 A.2d 748, 756 n. 11 (1980). Here, appellant’s actions in scheduling multiple matters for trial in different courts in different jurisdictions at the same time support the trial court’s finding of “[misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice.”

Although we find sufficient evidence to support the conviction, we hold that the punishment imposed exceeded the limits allowed by law. Where punishment is by fine and[*763] determined without a jury, Code § 18.2-457 limits the sum to no more than $50. Where the sentence imposed is in excess of that prescribed by law, only the part that is excessive is invalid. See Royster v. Smith, 195 Va. 228, 235, 77 S.E.2d 855, 860 (1953) (citing Crutchfield v. Commonwealth, 187 Va. 291, 46 S.E.2d 340 (1948)); see also Deagle v. Commonwealth, 214 Va. 304, 305,199 S.E.2d 509, 511 (1973).

For the reasons stated, the judgment of the trial court finding Brown’s conduct to be in violation of Code § 18.2^456 is affirmed but the fine assessed is reduced to the statutory limit of $50.

Affirmed as modified.

1

. In his brief to this Court, appellant represents that he telephoned the deputy clerk prior to 9:30 a.m., explained his error and asked her to relay his desire for a nonsuit to the judge. The record contains no indication that these representations were communicated to the trial judge either by the deputy clerk or by appellant when he arrived in court. Therefore, we may not consider them on appeal.