The Alabama Court of Criminal Appeals on Friday unanimously reversed a Mobile County judge’s criminal contempt citation against a lawyer who was trying to serve another lawyer with a subpoena.
The lawyer held in contempt, Christine Hernandez, now will not have to the $100 fine that Mobile County Circuit Judge Wesley Pipes imposed last year.
The incident occurred in November during a murder trial that Pipes was presiding over. Just after closing arguments, a process server served defense attorney Chase Dearman with a subpoena related to a case in which his former secretary was charged with stealing money from his law firm.
The appeals court ruling by Judge Chris McCool focused on whether the process server had any impact on the trial. McCool pointed to a statement by one of the jurors questioned by Pipes. He said that he had seen Stokley and Dearman but did not see the process server hand anything to the lawyer and that he did not know what the Stokley was doing.
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