Chadwick v. Janecka

312 F.3d 597 (2002)

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Chadwick v. Janecka

United States Court of Appeals for the Third Circuit
312 F.3d 597 (2002)

JL

Facts

Barbara Chadwick filed for divorce from her husband, Mr. Chadwick (defendant). During the divorce proceedings, Mr. Chadwick informed the court that he had unilaterally transferred approximately $2.5 million from the marital estate to pay a debt to a Gibraltar partnership. However, it was discovered that the transactions that were used to pay the alleged debt were actually fraudulent attempts to keep the funds outside of the marital estate. The trial court held a hearing and determined that Mr. Chadwick had attempted to defraud Barbara and the court. The trial court ordered Mr. Chadwick to return the $2.5 million to an account under the jurisdiction of the court, to pay $75,000 for Ms. Chadwick’s attorney’s fees, to surrender his passport, and to remain within the court’s jurisdiction. Mr. Chadwick refused to comply, and Barbara filed a petition to find him in contempt. The trial court held three contempt hearings, but Mr. Chadwick did not attend even though his counsel was present. The trial court found Mr. Chadwick in contempt and ordered him to be taken to jail until he complied with the order or posted a $3 million bond. Mr. Chadwick was arrested and taken to jail on April 5, 1995, while attempting to flee the jurisdiction. Mr. Chadwick had filed eight state-court petitions seeking release from jail and six federal-court petitions. In this case, Mr. Chadwick filed a federal habeas corpus petition. Although Mr. Chadwick had the present ability to comply, the district court granted the petition, finding that the imprisonment had lost its coercive effect, which was appealed.

Rule of Law

Issue

Holding and Reasoning (Alito, J.)

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