Strain v. Griffin

The issue is whether a civil contemnor may stay his imprisonment for the contempt by filing notice of appeal from the order of contempt, supported by an undertaking for costs on appeal. We hold that he may.

This exercise of original jurisdiction in habeas corpus1 concerns a claim by one imprisoned under ORS 33.020(2).2 The plaintiff was found by the circuit court to be in contempt of court for failure to comply with an order of that court entered in a child custody dispute. The court ordered that plaintiff be confined in the county jail until he did comply with the order of the circuit court.…