Blake v. Carter

Filing 138

ORDER -- the Defendant is remanded to the custody of the United States Marshal Service, until Offending Videos are removed from online platforms set forth in the Permanent Injunction. The Court also referred the matter to the United States Attor ney's Office for potential prosecution for criminal contempt. The Court appoints the Federal Public Defender to represent Defendant Earl W. Carter, Sr. in connection with potential criminal contempt proceedings. Signed by Judge Roy B. Dalton, Jr. on 3/8/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CHARLES E. BLAKE, SR.,
Plaintiff/Counter
Defendant,
v.

Case No. 6:15-cv-2085-Orl-37KRS

EARL W. CARTER, SR.,
Defendant/Counter
Claimant.
ORDER APPOINTING FEDERAL PUBLIC DEFENDER
This cause is before the Court on its own motion.
In a prior injunction, the Court: (1) enjoined Defendant from posting defamatory
videos concerning Plaintiff (“Offending Videos”); and (2) directed Defendant to remove
existing Offending Videos from online platforms. (See Doc. 120 (“Permanent
Injunction”).) Based on Defendant’s continued publishing of Offending Videos in
violation of the Permanent Injunction, Plaintiff sought an Order directing Defendant to
show cause why he should not be held in civil contempt. (See Doc. 125 (“Show Cause
Motion”).) The Court granted the Show Cause Motion and set the matter for a hearing
on March 8, 2017 (“March 8 Hearing”). (See Doc. 131.)
At the March 8 Hearing, Plaintiff played portions of the Offending Videos, in
which Defendant openly touted his refusal to comply with the Permanent Injunction. In
response, Defendant accused the Undersigned of violating his First Amendment rights

under the U.S. Constitution. After hearing argument from both parties, the Undersigned
held Defendant in civil contempt based on the following findings by clear and convincing
evidence: (1) that Defendant had violated a valid and lawful Order; (2) that such Order
was clear and unambiguous; and (3) that Defendant had the ability to comply with the
Order. Noting that monetary penalties would not suffice, the Court remanded Defendant
to the custody of the United States Marshal Service, until he removed the Offending
Videos from online platforms set forth in the Permanent Injunction.
The Court also referred the matter to the United States Attorney’s Office for
potential

prosecution

for

criminal

contempt

under

Federal

Rule

of Criminal Procedure 42. Given the gravity of potential criminal proceedings, the Court
finds that the present circumstances warrant the appointment of counsel. Indeed, at the
conclusion of the March 8 Hearing, Defendant commented about his inability to employ
counsel. Having found that Defendant does not wish to waive counsel, and because the
interests of justice so require, the Court APPOINTS the Federal Public Defender to
represent Defendant Earl W. Carter, Sr. in connection with potential criminal contempt
proceedings. See 18 U.S.C. § 3006A(a)(2)(A) (authorizing a court to appoint representation
to an indigent defendant facing a sentence of confinement where the interests of justice
so requires).
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on March 8, 2017.

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Copies:
Counsel of Record
Pro se Party
Federal Public Defender’s Office for the
Middle District of Florida
United States Attorney’s Office for the
Middle District of Florida
Ilianys Rivera-Miranda, Assistant
United States Attorney

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