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State v. Keller

Summarized by: 

Date Filed: 10-19-2011
Case #: A142300
Wollheim, J. for the Court; Schuman, P.J.; & Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142300.pdf

Criminal Law: Contempt for willful disobedience of a court order will be established when the defendant was aware of such an order, and neither complied, nor sought modification, of the order.

Defendant was found in punitive contempt for his failure to pay child support under ORS 33.015. On appeal, defendant argued that the trial court erred in its ruling, since ORS 33.015(2)(b) requires defendant to act “willfully” in defying of the court’s orders. The Court of Appeals affirmed the ruling, holding that “willful disobedience” will be established where there is sufficient evidence to show that a party was aware of the court order, and neither complied, nor sought modification, of the order. Affirmed.