State ex rel. Drevers v. Drevers

In this proceeding, the defendant was found in contempt and ordered “placed in the custody of the Yamhill County Sheriff for a period not to exceed 30 days.” The defendant appealed, claiming that the state did not prove that the defendant wilfully disobeyed a court order. The Court of Appeals affirmed without opinion. 95 Or App 582, 770 P2d 619 (1989).

After the trial court’s decision, but before the Court of Appeals’ decision, the Supreme Court of the United States decided Hicks v. Feiock, 485 US 624, 108 S Ct 1423, 99 L Ed 2d 721 (1988), and held that, in criminal contempt cases, the…