Latest Case: State v. Bright (Criminal Law)

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State v. Bright

Docket: SCWC-16-0000833

Opinion Date: June 3, 2020

Judge: Mark E. Recktenwald

Areas of Law: Criminal Law

The Supreme Court reversed Defendant's conviction for violating a protective order for coming within 100 feet of the complainant while at his place of work, holding that Defendant's place of work was not a "neutral location" under the terms of the protective order. The order for protection at issue prohibited Defendant from coming within 100 feet of the protected party at a "neutral location." Defendant was convicted of violating the order of protection after he encountered the protected party on the steps of the Fifth Circuit courthouse, where he worked as a documents clerk. On appeal, Defendant argued that the courthouse was not a "neutral place" because it was his place of employment. The intermediate court of appeals (ICA) affirmed. The Supreme Court reversed, holding (1) the order for protection is ambiguous and must therefore be construed in favor of Defendant; (2) in accordance with the rule of lenity, a "neutral location" is a place that is unaffiliated with either party; and (3) because Defendant's workplace was not a neutral location Defendant did not violate the order for protection.