Blackwelder v. Vedder

Petitioner, Benjamin Blackwelder, seeks a writ of habeas corpus to obtain his release from county jail, where he is held pursuant to a civil contempt order. The circuit court found petitioner in civil contempt for willful failure to make alimony payments and ordered him incarcerated for a period of 90 days, subject to a purge in the amount of $15,000.

At issue is whether the evidence supported the court’s finding that Blackwelder has the present ability to pay the purge. At the hearing, it was Blackwelder’s burden to show that he lacked the ability to purge himself from the contempt. See §…