Supreme Court of the United States · Official docket →
Patrick L. Booker v. South Carolina
IFP petition · Supreme Court of South Carolina, No. 2024-001505 · judgment January 23, 2025
Question presented
Does the Due Process Clause of the Fourteenth Amendment require explicit notice and an opportunity to be heard when a court delays the imposition of criminal contempt punishment for one hour after the completion of underlying any judicial proceeding? Did the South Carolina Supreme Court violate clearly established federal law set by Supreme Court precedent by sentencing the Petitioner, absentia and after one hour delay, to six months of confinement for criminal contempt without affording prior notice of the charges or a meaningful opportunity to be heard in defense? When a trial court delays summary contempt proceedings for one hour, does the absence of notice of the specific charges and the time of the hearing constitute a denial of the contemnor's fundamental due process rights as articulated in Taylor v. Hayes and Codispoti v. Pennsylvania? Is it a violation of the contemnor’s procedural due process rights for a court to issue an hour delayed contempt sentence in the contemnor’s absence,
Counsel of record
For petitioner
Patrick Lee Booker
For respondent
Donald John Zelenka
South Carolina Attorney General's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 17 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 15 2025Waiver of right of respondent South Carolina to respond filed.
- Apr 23 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2025)