[DOWNLOAD] "Girard v. Goins" by United States Court of Appeals for the Eighth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Girard v. Goins
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 13, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
HEANEY, Circuit Judge The eleven petitioners1 appeal from the District Court's denial of habeas corpus relief under 28 U.S.C. § 2254 from fines and sentences imposed upon their conviction for criminal contempt by the Circuit Court of St. Louis. Their principal contention is that the failure of the Circuit Court to offer them a jury trial violated their constitutional right to a jury trial. They also contend that the record is void of evidence to support their convictions and that the Circuit Court's orders of commitment and judgment are fatally defective. We reverse and remand for further proceedings consistent with this opinion. The petitioners are all members or officers of the Brewery Drivers and Helpers Local Union No. 133 of St. Louis.2 The incidents forming the basis for the convictions occurred during the course of a long strike by the local union against the wholesale beer distributors in the St. Louis metropolitan area and are described in detail in State ex rel. Girard v. Percich, 557 S.W.2d 25 (Mo.Ct.App. 1977). During the course of the strike, the Circuit Court3 issued orders restraining members of the local union from harassing, intimidating, frightening and interfering with customers of the beer distributors. The orders were issued on April 22 and 28, 1976. On May 28, the beer distributors filed a motion for the issuance of contempt citations for violations of the restraining orders. The Circuit Court held a preliminary hearing from June 1 to 3, and found probable cause to issue contempt citations. Each of the petitioners4 was served with a notice of prosecution and was ordered to appear on June 10 to show cause why they should not be held in contempt of court. The attorney for the beer distributors was appointed special prosecutor and further testimony was taken at the June 10 hearing. The parties stipulated that evidence presented at the preliminary hearing be admitted for consideration by the Circuit Court. On June 24, the Circuit Court found the petitioners guilty of criminal contempt and imposed the following sentences and fines: