Martin v. Waters

Deen, Chief Judge.

Waters brought a habeas corpus action against Martin alleging that the latter was illegally withholding custody of his minor daughter. By a rule nisi the hearing was set for March 16, 1979. On that date the trial judge entered an order reciting that the case was called in open court, the respondent failed to appear, that the failure was contemptuous, and respondent was sentenced to 20 days in jail. There was no hearing and no statement that the case was called at or before 11:00 a.m. Another order published the same day recited that the respondent had been ordered to appear…