People v. Hixson

Illinois Appellate Court
Criminal Court
Contempt
Citation
Case Number: 
2012 IL App (4th) 100777
Decision Date: 
Monday, January 23, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Reversed.
Justice: 
KNECHT
Defendant mailed to circuit clerk a pro se postconviction petition, seeking 50% reduction in his 55-year sentence for first-degree murder, along with proposed Order granting petition and reducing sentence 50%. Court erred in finding Defendant in direct criminal contempt, as evidence failed to establish that Defendant submitted proposed Order with a contemptuous state of mind. Even though Defendant had typewritten trial judge's name on signature line of Order, rather than beneath it, this cannot be construed as attempt to embarrass, hinder, or obstruct judge in administration of justice. (APPLETON and POPE, concurring.)