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Appeals court hears debate over use of civil contempt and Snapchat evidence
Summary
Defense lawyers argued a sentencing court improperly used civil-contempt procedures in a criminal case to keep jail-credit days "open," while the Commonwealth defended the civil-contempt practice and urged that a Snapchat video and its banner text were admissible as an excited utterance.
The appeals panel on Dec. 2 heard competing arguments over the proper procedural vehicle for punishing noncompliance and whether a Snapchat video and on-screen banners could be admitted as an excited utterance.
Counsel for the defendant argued the sentencing judge improperly invoked civil coercive contempt in a criminal proceeding to hold open three months of potential credit, contending that criminal defendants have specific procedural protections and that civil contempt cannot be used to toll or 'bank'…
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