State ex rel. Foster v. McKenzie

DOWD, Presiding Judge.

Petitioner Gary L. Foster was confined for civil contempt arising from his failure to pay child support, maintenance, and attorney fees as ordered in a divorce decree. On his petition, we issued a Writ of Habeas Corpus, which we made absolute, ordering petitioner’s discharged from confinement. We state our reasons in this opinion.

On August 2, 1984, a hearing was held on Dyan (Foster) Brooke’s motion to hold petitioner in contempt. At that hearing petitioner was ruled indigent and counsel was appointed to represent him. Thereafter, on the same day, a hearing was held and…