Case Caption: In Re: The Honorable Leon A. Kendall.Case Number: S.Ct.Misc. No. : 2009-0025Date: 07/16/2010Author: Per CuriamCitation: Summary:

The Court holds that the First Amendment does not bar a prosecution for indirect criminal contempt when the charged conduct was made in the course of the defendant's official capacity as a Superior Court judge presiding over a case. The Court further holds that, because a motion for judgment of acquittal requires that all evidence be viewed in the light most favorable to the People, the Special Master was correct to propose that the defendant's motion for judgment of acquittal be denied. Finally, the Court finds that, although the defendant's motion for a mistrial was ripe for consideration, the motion should be denied because the defendant failed to timely object to the challenged procedures.

Attachment: Open Document or Opinion