Robert E. Kovacevich v. Gordon R. Finch, et al.
DueProcess JusticiabilityDoctri
Whether the state courts failed to dismiss a civil contempt that was decided during trial, which conflicts with three decisions of the Supreme Court requiring the least intrusive remedy
QUESTIONS PRESENTED FOR REVIEW The state courts have failed to dismiss a civil contempt that was decided during trial. The case was later settled. The failure conflicts with three decisions of this Court, Gompers v. Buck’s Stove and Range Co., 221 U.S. 418, 452, 31 S.Ct. 492, 55 L.Ed. 797 (1911); Shillitani v. U.S., 384 U.S. 364, 372, 86 S.Ct. 1531, 16 L.Ed.2d 622 (1966); and Spallone v. U.S., 493 U.S. 265, 280, 110 S.Ct. 625, 107 L.Ed.2d 644 (1990) requiring the least intrusive remedy. All three of these decisions vacated civil contempt fines after the cases settled or the term had expired. (i)