Bryan Dwight Olmstead v. JoAnn G. Olmstead et al.
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SUPREME COURT OF ARKANSAS
No.
08-455
BRYAN DWIGHT OLMSTEAD,
APPELLANT,
VS.
JOANN G. OLMSTEAD, THOMAS
RUSSELL OLMSTEAD, THOMAS D.
OLMSTEAD, and OLMSTEAD
FUNERAL HOME, INC.,
APPELLEES,
Opinion Delivered
MOTION FOR BAIL PENDING
APPEAL
REMANDED.
PER CURIAM
Appellant Bryan Dwight Olmstead brings this motion for bail pending appeal of his
criminal contempt conviction in the Cleburne County Circuit Court. On April 10, 2008,
Olmstead filed a petition for writ of certiorari with this court seeking to stay his trial,
contending, inter alia, that he was being prosecuted by an unauthorized private prosecutor
in violation of Young v. United States ex rel. Vuitton et Fils S.A., 481 U.S. 787 (1987). This
court denied the writ without prejudice on April 10, 2008.
The following day, Olmstead was tried and convicted of criminal contempt and
sentenced to a one-year term of imprisonment in the Cleburne County Jail, and fined $1,000.
After the circuit court imposed sentence, and just before being remanded into the Sheriff’s
custody, Olmstead immediately moved for bail pending appeal. The circuit court denied
Olmstead’s request, concluding that it “lack[ed] the authority” to issue bail pending appeal
for criminal contempt. Olmstead filed a notice of appeal with this court on April 11, 2008.
While nothing in the Arkansas Constitution or the United States Constitution
guarantees a person convicted of a crime the right to bail pending appeal, see Meeks v. State,
341 Ark. 620, 623, 19 S.W.3d 25, 26 (2000), it is clear that in certain circumstances,1 the
circuit court has the authority to issue bail. Rule 6 of the Arkansas Rules of Appellate
Procedure—Criminal provides in pertinent part:
(b)(1) When a defendant has been found guilty. . . [of] an offense. . . and he is
sentenced to serve a term of imprisonment, and he has filed a notice of appeal,
the trial court shall not release the defendant on bail or otherwise pending
appeal unless it finds:
(A) By clear and convincing evidence that the defendant is not likely to flee or
that there is no substantial risk that the defendant will commit a serious crime,
intimidate witnesses, harass or take retaliatory action against any juror, or
otherwise interfere with the administration of justice or pose a danger to the
safety of any other person; and
(B) That the appeal is not for the purpose of delay and that it raises a substantial
question of law or fact.
Ark. R. App. P.—Crim. 6(b)(1) (2007); see also Ark. Code Ann. § 16-91-110 (Repl. 2006).
Here, Olmstead was found guilty of criminal contempt, was sentenced to a term of
imprisonment and fined $1,000, and has filed a notice of appeal. Therefore, the circuit court
has the authority to release Olmstead on bail if it finds that Olmstead has met the
1
When the defendant has been found guilty, pleaded guilty, or pleaded nolo
contendere to capital murder, the trial court shall not release the defendant on bail or
otherwise, pending appeal or for any reason. Ark. R. App. P.—Crim. 6(b)(2) (2007).
When the defendant has been found guilty, pleaded guilty, or pleaded nolo contendere to
murder in the first degree, rape, aggravated robbery, or causing a catastrophe, or
kidnapping or arson when classified as a Class Y felony, and he has been sentenced to
death or imprisonment, the trial court shall not release him on bail or otherwise, pending
appeal or for any reason. Ark. R. App. P.—Crim. 6(b)(3) (2007).
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08-455
requirements of Ark. R. App. P.—Crim. 6(b). Accordingly, we remand to the circuit court
and direct the circuit court to hold a hearing on bail within seven (7) days of the entry of this
order.
Remanded.
GLAZE and IMBER, JJ., not participating.
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08-455
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