In what circumstances will a defendant be found in contempt of court for refusing to comply with a court order?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bobart Travel Agency, Inc., 699 F.2d 618 (2nd Cir. 1983):
3 In such event the "credibility of his denial is to be weighed in the light of his present circumstances." Maggio v. Zeitz, 333 U.S. 56, 76, 68 S.Ct. 401, 411, 92 L.Ed. 476 (1948). But the court must consider "all the evidence properly before it in the contempt proceeding in determining whether or not there is actually a present ability to comply and whether failure so to do constitutes deliberate defiance which a jail term will break." Id.
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