Philip Joseph Maita v. Earl Whitmore

Sheriff Whitmore appeals from an order granting Maita’s petition for a writ of habeas corpus. We reverse.

The sole question presented for decision is whether Maita was entitled, under the Fourteenth and Sixth Amendments, to a jury trial when he was charged in California Superior Court with four separate criminal contempts. Each was punishable by a jail term fixed by statute at “not less than one nor more than six months” ( Cal. Penal Code § 11229 ). Maita could have been sentenced to four consecutive six month terms but was actually sentenced to a total of not more than six months.

The California court had issued a temporary injunction enjoining Maita from doing certain things prohibited by the California Redlight Abatement Act, Cal. Penal Code §§ 11225-11235 . The validity of the injunction is not here in issue. Maita was later charged with specific violations of the injunction occurring on each of four different days. He demanded a jury trial, which was denied, and he was tried by the court and found to have committed each of the contempts charged. His sentence for the first contempt was six months in jail, with four months suspended. For each of the other three…