Ellison v. Mummert

Decision Date07 October 1969
Docket NumberNo. 9784,9784
CitationEllison v. Mummert, 459 P.2d 306, 105 Ariz. 46 (Ariz. 1969)
PartiesVirginia A. ELLISON, Petitioner, v. John MUMMERT, Sheriff of Maricopa County, John E. Burke, Judge of Superior Court, Maricopa County, Respondents.
CourtArizona Supreme Court

Dohn M. Rosenthal, Maricopa County Legal Aid Society, Mesa, for petitioner.

Moise Berger, Maricopa County Atty., Phoenix, by Albert Firestein, Deputy County Atty., Phoenix, for respondents.

PER CURIAM.

Petitioner, Virginia A. Ellison, was incarcerated on August 11, 1969 pursuant to a Superior Court hearing held on an Order to Show Cause why she should not be held in contempt of court and punished accordingly for violation of certain provisions of a decree of divorce issued July 2, 1969 which provisions were designated as 'paragraphs III a.; III c.; III f.; XVI; XX and XXI of said decree of divorce'.After the hearing held on August 11, 1969the Court entered the following order regarding the purported contempt:

'The Court finds that the Plaintiff, Virginia Ellison, is guilty of wilful and intentional contempt of this Court for her violations of the terms of the Divorce Decree dated July 2, 1969.As punishment for that contempt, IT IS ORDERED that she be confined in the Maricopa County Jail for a period of ninety days, or...

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8 cases
  • Nab v. Nab
    • United States
    • Idaho Court of Appeals
    • 21 Junio 1988
    ...make a specific finding of ability to comply with an order of the court as a predicate to an adjudication of contempt. See Ellison v. Mummert, 459 P.2d 306 (Ariz.1969); People v. Razatos, 699 P.2d 970 (Colo.1985); Wright v. District Court, 192 Colo. 553, 561 P.2d 15 (1977); Marshall v. Mars......
  • State v. Deddens
    • United States
    • Arizona Supreme Court
    • 25 Noviembre 1975
    ...(1926), and In re Wright, 36 Ariz. 8, 281 P. 944 (1929), have never been specifically overruled, but I believe that Ellison v. Mummert, 105 Ariz. 46, 459 P.2d 306 (1969), tends to do so. In that case we 'An adjudication of contempt must be based on specific facts found which show knowledge ......
  • State v. Cohen
    • United States
    • Arizona Court of Appeals
    • 7 Octubre 1971
    ...This is the rule enunciated in Weiss v. Superior Court, 106 Ariz. 577, 480 P.2d 3 (1971), a direct contempt case, and Ellison v. Mummert, 105 Ariz. 46, 459 P.2d 306 (1969), a constructive contempt Although the trial judge made several remarks during the course of the trial indicating that h......
  • Weiss v. Superior Court of Pima County
    • United States
    • Arizona Court of Appeals
    • 31 Julio 1970
    ...set forth with sufficient particularity to show, without the aid of speculation, that the contempt actually occurred. Ellison v. Mummert, 105 Ariz. 46, 459 P.2d 306 (1969); Busby v. State ex rel. LaFon, Okl.Cr., 449 P.2d 718 (1969); Golden v. Superior Court of Cochise County, 8 Ariz.App. 25......
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