| SHIRLEY HUFFNAGLE v. FREDERICK HUFFNAGLE
Larry Hayes, Jr., Nashville, Tennessee, for the appellant, Frederick Huffnagle.
Scott Lyon, Nashville, Tennessee, for the appellee, Shirley Huffnagle.
This appeal involves post-divorce criminal contempt sanctions. The former wife filed a petition in the Circuit Court for Davidson County seeking to hold her former husband in contempt for failing to pay spousal support and to maintain a life insurance policy and a club membership. The trial court determined that the former husband was guilty of eighteen separate acts of criminal contempt and sentenced him to 180 days in jail. After the former husband appealed the contempt sanction, the trial court stayed its order pending appeal. We have determined that the former wife failed to present sufficient evidence to prove beyond a reasonable doubt that her former husband had willfully failed to pay spousal support or to discharge his other financial obligations.
IN THE MATTER OF L.F.B. and D.M.D.
Mitchell B. Dugan, Dickson, Tennessee, for the appellant, V.M.
Paul G. Summers, Attorney General and Reporter, Amy T. Master, Assistant Attorney General, for the appellee, State of Tennessee, Department of Childrenās Services.
This is a motherās appeal of the termination of her parental rights to her oldest son and daughter. Because we find that there is clear and convincing evidence in the record to support the trial courtās termination on three (3) alternative grounds and that termination is in the childrenās best interest, we affirm.
TROY NOLES v. MICHIGAN POWERSPORTS, INC. d/b/a CHAMPION MOTORSPORTS & CHAMPION POWERSPORTS
John Thomas Feeney and Shannon E. Poindexter, Nashville, Tennessee for the appellant, Michigan Powersports, Inc. d/b/a Champion Motorsports and Champion Powersports, Inc.
John M. Cannon, Goodlettsville, Tennessee, for the appellee, Troy Noles.
This case involves a dispute over whether Tennessee courts have personal jurisdiction over two Michigan corporations regarding an alleged violation of the Tennessee Consumer Protection Act. The trial court found that Tennessee had personal jurisdiction over the Michigan corporations and the corporations filed an interlocutory appeal. We find that the Tennessee Long Arm Statute provides Tennessee with personal jurisdiction over the corporations and that the decision comports with the requirements of due process; therefore, we affirm the decision of the trial court and remand the case for further proceedings consistent herewith.
STATE OF TENNESSEE v. TERRANCE DWAIN NORTON
Lance B. Mayes, Madison, Tennessee, for the Appellant, Terrance Dwain Norton.
Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; W. Michael McCown, District Attorney General; and Ann L. Filer and Melissa Thomas, Assistant District Attorneys General, for the Appellee, State of Tennessee.
The Appellant, Terrance Dwain Norton, appeals the imposition of certain conditions of work release following his commitment to the Lincoln County Jail. Nortonās jail confinement stems from a revocation of probation. On appeal, Norton argues that work release conditions imposed by the Lincoln County Circuit Court are ćonerousä and will impede his ability to maintain his current employment. We find this argument without merit. The sentencing decision of the trial court is affirmed.
MICHAEL SETTLE v. STATE OF TENNESSEE
Michael Settle, Appellant, Pro Se.
Paul G. Summers, Attorney General & Reporter; and Seth P. Kestner, Assistant Attorney General, for the Appellee, State of Tennessee.
Aggrieved of the Davidson County Criminal Courtās summary dismissal of his petition for habeas corpus relief, the petitioner, Mike Settle, appeals. The habeas corpus court dismissed the petition because the petitioner did not pay the court costs due upon filing the petition. The state has filed a response, conceding that the trial court erred in dismissing the petition for failure to pay a filing fee. However, we disagree and affirm the order of dismissal.
STATE OF TENNESSEE v. YOUNG BOK SONG, a/k/a MIKE
Brent Horst, Nashville, Tennessee, for the appellant, Young Bok Song, a/k/a Mike.
Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian K. Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.
The defendant, Young Bok Song, a/k/a Mike, was convicted by a jury of seven counts of rape of a child, a Class A felony, and four counts of aggravated sexual battery, a Class B felony, and received an effective sentence of sixty-five years, to be served at 100% in the Tennessee Department of Correction. On appeal, he argues the trial court erred by: (1) not appointing an interpreter; (2) not providing the defendant with a copy of a forensic interview tape; (3) allowing the State to ask the defendant numerous argumentative questions; and (4) not granting a new trial based on newly discovered evidence. Following our review, we affirm the trial court.
ADVISORY OPINION NO. 05-02
The Committee has been asked whether Canon 3B(5) of the Canons of Judicial Ethics is violated when all those convicted of misdemeanors are placed on supervised probation ćat least until they pay their court costs.ä Then, according to the inquiry, ćthe great majority would be relieved of supervision.ä Further, the inquiry asks if this procedure amounts to utilizing a criminal penalty to collect a debt which, according to Tennessee Code Annotated section 40-24-105, is supposed to be collected as a civil judgment.