Opinion

Howard A. Lambert v. State of Montana

  • 545 F.2d 87
  • 1976 U.S. App. LEXIS 6539
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 26, 1976
Status
Published
Author
Kilkenny
On the bench
Lay, Wright, Kilkenny
Cited by
30 cases

adopting a `substantial likelihood that continued confinement is no longer serving its purpose" test

How later courts described this case

  • adopting a `substantial likelihood that continued confinement is no longer serving its purpose" test
  • “A court has the inherent power to punish for civil or criminal 11 contempt any obstruction of justice relating to any judicial proceeding.”
  • due process considerations may affect duration of confinement for civil contempt

Written by the judges who cited it.

The opinion

KILKENNY,

Concurring and Dissenting:

I would affirm the judgment of the lower court and require the appellant to seek a writ of certiorari from the United States Supreme Court. I question at this point whether we should discuss the necessity for the hearing mentioned in the majority opinion before appellant has exhausted his remedies. Otherwise, I am in agreement with the majority’s conclusions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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