IN RE CONTEMPT OF DEMETRIA BRUE
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STATE OF MICHIGAN
COURT OF APPEALS
___________________________________________
In re CONTEMPT of DEMETRIA BRUE,
UNPUBLISHED
December 20, 2005
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff,
and
THIRD CIRCUIT JUDGE,
Plaintiff-Appellee,
v
No. 254716
Wayne Circuit Court
LC No. 03-012139
STEVEN PIRRONE,
Defendant,
and
DEMETRIA BRUE,
Defendant-Appellant.
Before: Owens, P.J., and Saad and Fort Hood, JJ.
MEMORANDUM.
Defendant-appellant appeals as of right from the trial court order holding her in civil
contempt. We affirm.
Defendant-appellant, a prosecuting attorney, argues that the trial court erred in imposing
a sanction for civil contempt, instead of criminal. However, defendant-appellant has waived her
right to appellate review of this issue because of the “invited error” doctrine. People v Jones,
468 Mich 345, 352; 662 NW2d 376 (2003). Defendant-appellant informed the trial court that
she did not have a problem with the fine that the trial court imposed. However, she requested
that the trial court impose the sanction as civil contempt, not criminal contempt, because she was
concerned about possible ramifications on her employment. Because defendant-appellant invited
the error, she waived her right to seek appellate review and any error is extinguished. People v
Carter, 462 Mich 206, 214-215; 612 NW2d 144 (2000).
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Moreover, in light of the trial court’s warning to defendant-appellant that she not
continue to interrupt counsel and its finding that defendant-appellant’s behavior was impeding
the progress of the trial, we cannot find that the trial court abused its discretion. In re Contempt
of Auto Club Ins Ass’n, 243 Mich App 697, 715; 624 NW2d 443 (2000).
Affirmed.
/s/ Donald S. Owens
/s/ Henry William Saad
/s/ Karen M. Fort Hood
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