Legal Opinion
Henry v. Schmidt
Supreme Court of Oklahoma
Decided May 18, 2004No. 97,705PublishedCited by 12 opinions
1Opinion of the CourtHodges, J.
I. ISSUE
¶ 1 The issue before this Court is whether a sentence and a fine can be imposed for indirect contempt without allowing the accused to purge the sentence. 1 We find the trial court was within its statutory authority to impose a sentence and fine for indirect contempt. However, the trial court erred in using a clear-and-convincing evidence standard rather than beyond a reasonable doubt and in not affording the defendant her right to a jury trial.
II. FACTS
¶ 2 In the underlying proceeding to establish paternity, the court adjudicated Arnold Schmidt to be the father of his and Jennifer…
2Cases cited11 opinions
- Michigan v. LongSupreme Court of the United States · 1983
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- Taylor v. IllinoisSupreme Court of the United States · 1988
- Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988
- Pennell v. City of San JoseSupreme Court of the United States · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- DUTTON v. CITY OF MIDWEST CITYSupreme Court of Oklahoma · 2015
- Smeal Fire Apparatus Co. v. KreikemeierNebraska Supreme Court · 2010
- Lerma v. Wal-Mart Stores, Inc.Supreme Court of Oklahoma · 2006
- BEASON v. I. E. MILLER SERVICES, INC.Supreme Court of Oklahoma · 2019
- J.H. v. KirbySupreme Court of Oklahoma · 2008
7 more not listed; retrieve them via the Exa API.