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Court: TCA


Robin Ruben Flores, Chattanooga, Tennessee, for the Appellant, Joseph John Anzalone.

Bruce C. Bailey and Heather H. Sveadas, Chattanooga, Tennessee, for the Appellee, Christine Dall Anzalone.


Husband and Wife stipulated to grounds for divorce pursuant to Tenn. Code Ann. section 36-4-129, as well as to the amount of child support and the division of marital property. Wife received the marital residence, valued at $236,000, and additional items for a total of $267,580 worth of marital assets. Husband received $259,544 in marital assets, resulting in a nearly equal division of the marital property. These stipulations were announced to the Trial Court, and both parties stated to the Trial Court their acceptance of the terms. A trial was conducted on the remaining issues -- Wife's request for alimony; both parties' requests for attorney fees; and Wife's request that Husband pay the cost of medical insurance for the parties' three children, who were insured by TennCare at the time of trial. The Trial Court awarded Wife rehabilitative alimony of $400 per month for three years, $5,000 in attorney fees, and ordered Husband to provide health and dental insurance for the children through his employer. On appeal, Husband contests the Trial Court's award of the marital home to Wife, the grant of alimony and partial attorney fees to Wife, and the requirement that Husband provide medical insurance for the parties' children. Husband also asserts that the Trial Court violated his equal protection rights. We hold that Husband waived his equal protection claim by not raising it at the Trial Court level. Furthermore, we hold that the Trial Court did not err in its overall division of the marital property, the award of attorney fees to Wife, or by requiring Husband to provide the children's health insurance. However, we conclude that Wife's alimony is more appropriately characterized as transitional instead of rehabilitative because of the lack of evidence regarding Wife's ability or intent to rehabilitate herself, and we modify the Trial Court's judgment accordingly. We affirm as modified.


Court: TCCA


Mark Lane, Franklin, Tennessee, for the appellant, Terrel Eugene Harris.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sarah Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Terrel Eugene Harris, was convicted by a jury in the Davidson County Criminal Court of aggravated assault, reckless endangerment, and vandalism in an amount greater than $500. He received a total effective sentence of ten years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's decision to admit evidence regarding the appellant's prior abuse of the victim and its refusal to admit evidence regarding the victim's prior abuse of a witness. The appellant also argues that he "was denied his constitutional right to a fair trial since this case was improperly labeled as a domestic violence case which benefited the State on crucial evidentiary issues." Upon our review of the record and the parties' briefs, we conclude that the appellant did not timely file his motion for new trial and as such waived his issues. Therefore, we affirm the judgments of the trial court.


Court: TCCA


Johnny L. McGowan, Jr., Mountain City, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth Bingham Marney, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, the State of Tennessee.


Along with convictions for other offenses not pertinent in this appeal, Petitioner, Johnny L. McGowan, Jr., pled guilty to aggravated arson on January 24, 1994. He filed a "Petition for Writ of Error Coram Nobis" on June 7, 2007, alleging the discovery of new evidence, that being aggravated perjury committed by a deputy sheriff who testified to the grand jury. The trial court summarily dismissed the petition. Petitioner has appealed, and the State has filed a motion for this Court to affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. Having reviewed the motion and the record and Petitioner's response in opposition to the motion, we conclude the motion is well taken and should be granted. Accordingly, the judgment of the trial court is affirmed.


Court: TCCA


Walter H. Stubbs, Gallatin, Tennessee, for the appellant, Stacy N. Mooneyhan.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and C. Ronald Blanton, Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Stacy N. Mooneyhan, appeals from his convictions of rape of a child, a Class A felony; incest, a Class C felony; aggravated sexual battery, a Class B felony; and two counts of especially aggravated sexual exploitation of a minor, Class B felonies. The defendant, a Range I offender, was sentenced to twenty-three years for rape of a child, four years for incest, ten years for aggravated sexual battery, and twelve years for each of the especially aggravated sexual exploitation of a minor convictions. Some of the sentences were imposed consecutively, for an effective sentence of thirty-five years in the Department of Correction. In this appeal, the defendant claims (1) that the evidence does not support his convictions, (2) that the trial court erred in denying his motion to suppress evidence, (3) that the trial court erred in excluding evidence of a prior false allegation of sexual abuse the victim made against her mother's boyfriend, (4) that the trial court erred in excluding evidence of the victim's mental health issues, treatment, and medication, (5) that the trial court erred in admitting rebuttal evidence consisting of graphic photographs of male genitalia and in allowing a state's witness to connect the defendant to the photographs, and (6) that he received excessive sentences. We affirm the defendant's convictions but remand for resentencing because of irregularities in the sentencing process.


Court: TCCA


Richard Michael Stephens, Pro Se, Nashville,Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Robert H. Hibbett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

In 2005, Petitioner, Richard M. Stephens, was indicted on ten counts of rape, ten counts of incest and seven counts of sexual battery by an authority figure. Petitioner pled guilty to two counts of rape, one count of incest and one count of sexual battery by an authority figure. As a result, Petitioner was sentenced to an effective sentence of twenty-two years. Petitioner subsequently filed a pro se petition for post-conviction relief, alleging, among other things, that he received ineffective assistance of counsel. The post-conviction court summarily dismissed the petition without a hearing. On appeal, Petitioner alleges that the trial court improperly dismissed the petition for post-conviction relief. We reverse and remand the dismissal of the post-conviction petition.

Relationship between Child Support Enforcement Attorneys and Applicants for Child Support

TN Attorney General Opinions

Date: 2007-11-02

Opinion Number: 07-149


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