On Thursday, Nov. 18, 2010, the Michigan Court of Appeals vacated a Washtenaw County Trial Court order and sentence in Amanda E. Mayes vs. Nathaniel Livingston, Jr.
Livingston appealed as of right from the trial court order of Judge Nancy C. Francis finding him guilty of criminal contempt for violating a personal protective order (PPO) and sentencing him to 91 days in jail. On appeal, Livingston argued that the finding of criminal contempt must be vacated because the lower court violated his due process rights.
An appeals panel comprised of Presiding Judge Mark J. Cavanagh, Judge Joel P. Hoekstra and Judge Elizabeth L. Gleicher agreed. The panel found that the lower court violated Livingston’s due process rights by failing to provide him proper notice of the charge, failing to provide him the effective assistance of counsel, and failing to provide him the opportunity to be present and confront the witnesses against him.
Source: Michigan Court of Appeals