Political Illusions of the Cajun Mafia

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a lecture on "professionalism," and donate 10 hours to the literacy council before the 3P
overturned the conviction.
rd
Circuit Court
The 3rd Circuit also stated that the court transcript did not support the District Judge’s statement
made during their investigation and that Chesson was jailed unlawfully.
The 3P
rd
Circuit Court of Appeal stated the following in regards to the statements:
• “First, these written statements were not entered in evidence in the proceedings but were only made part
of the record after the close of the proceedings, and not until after Mr. Chesson filed his writ application
with this court.”
• “The statements of Ms. Killingsworth and Ms. Brock are not properly before us for consideration.”
• “We decline to consider these written statements as evidence because they were not part of the record
below maintained by the Clerk of Court.”
• “Neither of these statements is made under oath and one is not even dated. Any consideration of these
statements would be a flagrant violation of Mr. Chesson's right to due process.”
• “Further, as we discussed above, there were additional reasons rendering the use of the unsworn written
statements inappropriate and in violation of Mr. Chesson's constitutional right to due process.”
The 3P
rd
Circuit Court of Appeal stated the following in regards to unlawful sentence:
• “The record shows Mr. Chesson was not present in court the day alleged.”
• “Nothing indicated that Mr. Chesson is guilty of any direct contempt.”
• “Chesson did not have notice which comports with due process. The trial judge stated to the Appeal Court
that Chesson's attorney did not place any objection on the record until the hearing had already concluded."
The transcript does not support this chronology.”
• “No evidence showed Mr. Chesson actually or attempted to do the allegations.”
• “Mr. Chesson was not apprised of these statements prior to the hearing, and had no opportunity to cross
examine these witnesses or even prepare a response.”
• “We also note that if the judge, as here, is to be a witness in the matter, a hearing should be scheduled
before a different district judge.”
• “Further, even if the allegation of contempt had tooth, Mr. Chesson was not accorded his right to due
process.”
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