contempt
Must Warn of Right to Counsel on Contempt
May 05, 2009
The trial court ordered a father to pay child
support. When he failed to do so, the trial court
held him in contempt of court but suspended his
commitment to jail. Later, at a compliance hearing,
the trial court committed the father to jail for
failure to pay child support. The Court of Appeals
granted the father's petition for writ of habeas
corpus because the trial court did not admonish him
of his right to counsel or seek his knowing and
intelligent waiver of that right. In re:
Casey, No. 01-08-00928-CV (Tex. App. - Houston
[1st Dist.] Apr. 30, 2009, orig. proceeding).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas
$367,000 Will Set You Free
March 30, 2009
During divorce
proceedings, a spouse liquidated stock in violation
of an agreed court order. After he paid $200,000 into
a trust, $367,000 remained. The trial court committed
him to jail for ten days and, after that, until he
paid the $367,000 into the court's registry. In
re: R.E.D., No. 01-08-00727-CV (Tex. App. -
Houston [1st Dist] Feb. 5, 2009, orig. proceeding).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas