Legal Opinion
State Ex Rel. Mikkelsen v. Hill
Oregon Supreme Court
Decided March 4, 1993No. CC 89-11-9705-E; CA A66027; SC S38446PublishedCited by 26 opinions
1Opinion of the CourtCarson, C. J.
Defendant in this case was held in criminal contempt for failure to make child support payments to relator. The Court of Appeals reversed the circuit court on federal constitutional grounds. State ex rel Mikkelsen v. Hill, 108 Or App 135, 813 P2d 1130 (1991). We reverse the decision of the Court of Appeals.
The governing Oregon statute, as interpreted by case law and discussed below, requires that disobedience of a court’s order, to constitute contempt, must have been wilful. Former ORS SS.OHXIXe). At issue is whether the state must prove ability to comply with the order to pay child support…
2Cases cited16 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. Vasquez-RubioOregon Supreme Court · 1996
- State v. NicholsonCourt of Appeals of Oregon · 2016
- State v. PhelpsCourt of Appeals of Oregon · 1996
- Sickler v. SicklerNebraska Supreme Court · 2016
- Lang v. Rogue Valley Medical Center/AsanteOregon Supreme Court · 2017
21 more not listed; retrieve them via the Exa API.