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HENRY v. SCHMIDT

No. 97,705.

91 P.3d 651 (2004)

2004 OK 34

Jennifer L. HENRY, Plaintiff/Appellant, v. Arnold J. SCHMIDT, Defendant/Appellee.

Supreme Court of Oklahoma.

May 18, 2004.

Attorney(s) appearing for the Case

James R. Elder, Tulsa, Oklahoma, for the Appellant.

Patti J. Palmer & Lamirand, Pawhuska, Oklahoma, for the Appellee.

HODGES, 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

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