State v. Lusk

MILLER, Justice:

The defendant, Rex Lusk, was convicted of criminal contempt in the Circuit Court of Mercer County in December, 1986, for failure to comply with a court order requiring him to make child support payments. He was sentenced to six months in the Mercer County jail, without an opportunity to purge the contempt and obtain release. He contends that the judge improperly interpreted W.Va.Code, 48-2-22(b), and should have given him an opportunity to purge himself of contempt. He also maintains he lacked the ability to pay and, therefore, could not have been convicted of criminal…