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Published by the Indiana Office of Court Services

Metzger v. State, No. 02A03-1307-CR-295, __ N.E.3d __ (Ind. Ct. App., Mar.31, 2014).

April 4, 2014 Filed Under: Criminal Tagged With: Appeals, P. Riley

Riley, J.
Because of Metzger’s refusal to take the certified breath test, Chief Deputy McAlexander obtained a search warrant to have Metzger’s blood drawn. Chief Deputy McAlexander gave Metzger a copy of the warrant to read and explained to him the consequences of his refusal, including the possibility of being held in contempt of court. After Metzger was put on notice that a court order had been issued for him to submit to a blood draw and prior to the nurse’s arrival, Metzger became very anxious and started to threaten Chief Deputy McAlexander. Metzger began moving towards Chief Deputy McAlexander while holding a chair. Despite the officer’s order to stay seated, Metzger continued to advance and refused to comply. The officer subdued Metzger and handcuffed him. Based on Metzger’s uncooperative actions, it can be reasonably inferred that Metzger had no intent to comply with the trial court’s order to submit to a blood draw. Hopping v. State, 637 N.E.2d 1294, 1296 (Ind. 1994), cert. denied, 513 U.S. 1017 (1994) (“Any act related to a current or pending proceeding which tends to deter the court from the performance of its duties may support a contempt proceeding.”) As Metzger’s act was clearly directed against the authority of the court and hindered the execution of the trial court’s warrant, the trial court properly held Metzger in contempt.
….
CONCLUSION
Based on the foregoing, we conclude that the trial court did not abuse its discretion by declaring Metzger in contempt of court.
Affirmed.
VAIDIK, C. J. and MAY, J. concur

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