People v. Geiger

Defendant was convicted, after bench trial, of direct criminal contempt of court and sentenced to 20 years incarceration. Defendant was in DOC custody when called to testify per writ of habeas corpus ad testificandum in a second double murder trial in which another person was the accused. (Defendant had not been called to testify at first trial.) During trial, at conclusion of which jury returned verdict of guilty, Defendant asserted his fifth amendment right and refused to testify. Defendant had extensive criminal history, including long periods of incarceration, and his refusal to testify was clearly calculated to hinder or obstruct court's administration of justice. Defendant was aware of possible consequences as State requested 20-year sentence in its contempt petition. (WRIGHT, concurring; HOLDRIDGE, dissenting.)