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In re Mauldin

The trial court properly sentenced defendant to three days in jail after he chose to perform in an out-of-state music tour instead of reporting for jury duty after the superior court denied his waiver request.

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Having been convicted of criminal contempt for failure to appear for jury duty, Jermaine Dupri Mauldin appeals, contending that the evidence was insufficient to show willfulness; the sentence imposed amounted to cruel and unusual punishment; and the trial court violated his right to due process by failing to allow him to address the court directly and present his defense in his own words. Finding no error, we affirm.

The following facts were stipulated by the parties. Mauldin was a Fayette County resident and received a summons for jury duty, requiring his presence for the Civil Jury Calendar of Fayette County Superior Court for the week of March 1, 1999. On March 1st, he arrived at the Superior Court for jury duty at 9:00 a.m. and sat outside the jury room until a court official closed the door at which time Mauldin entered the jury room. Mauldin was sworn as a prospective juror and remained with the other jurors for several hours until he was informed that he was excused until March 3, 1999 at 9:00 a.m.

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