Trial Decisions—Contempt

We review a district court's decision regarding motions to hold people or entities in contempt by determining whether the district court acted within its jurisdiction and whether the evidence supports the court's order.  Sanders v. State, 1998 MT 62, ¶ 9, 288 Mont. 143, 955 P.2d 1356.

We review a grant or denial of a motion to dismiss in a criminal case de novo.  State v. Letasky, 2007 MT 51, ¶¶ 8–10, 336 Mont. 178, 152 P.3d 1288.  This may occur when a district court held a defendant in contempt for violating § 45-7-309(1)(c), MCA and then denied the defendant's motion to dismiss the misdemeanor criminal contempt charges.

We review a district court's decision to restrain a criminal defendant during trial for an abuse of discretion.  State v. Hartsoe, 2011 MT 188, ¶ 19, 361 Mont. 305, 258 P.3d 428 (citing State v. Herrick, 2004 MT 323, ¶ 15, 324 Mont. 76, 101 P.3d 755).