Adam Reposa, the Austin, Texas, criminal defense solo who made a gesture simulating masturbation toward a prosecutor while standing before Travis County Court-at-Law No. 6 Judge Jan Breland, faces 90 days in jail. In an 8-1 decision Wednesday, the Texas Court of Criminal Appeals denied Reposa’s application for a writ of habeas corpus in his contempt case.

Judge Lawrence Meyers, the lone dissenter in Ex Parte Adam Reposa, did not write an opinion. The CCA’s unpublished opinion, written by Judge Paul Womack, presents the following summary of Breland’s testimony at Reposa’s contempt hearing: On March 11, 2008, Reposa appeared as counsel for a defendant in a criminal case in Breland’s court. Breland asked Reposa to stop whispering to his client while she was trying to explain a plea offer to the client. After the prosecutor, Assistant County Attorney Bill Swaim, protested about Reposa’s continued whispering, Reposa made the simulated masturbation gesture toward the prosecutor while looking at Breland.

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