Legal Opinion

Harvey v. State

District Court of Appeal of Florida

Decided October 22, 2008No. 2D08-4399Published

1Per curiam

Chris Harvey challenges his judgment and sentence for indirect criminal contempt. Because the trial court erred in compelling Harvey to testify against himself and because this error was not harmless, we reverse.

In response to a motion from Harvey’s former wife, Rachel Dailey, the trial court issued an order to show cause why Harvey should not be held in criminal contempt for failure to make court-ordered child support payments. The motion and the order alleged, inter alia, that Harvey was voluntarily unemployed to avoid implementation of an income deduction order, that he refused to pay…

2Cases cited10 opinions

  1. Arizona v. FulminanteSupreme Court of the United States · 1991
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Lockhart v. NelsonSupreme Court of the United States · 1988
  4. Parisi v. Broward CountySupreme Court of Florida · 2000
  5. Demetree v. State Ex Rel. MarshSupreme Court of Florida · 1956

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