Barker receives Drowota award for judicial service

Tennessee Supreme Court Chief Justice Mickey Barker was awarded the Frank F. Drowota III Outstanding Judicial Service Award during today's Bench Bar Luncheon at the TBA Annual Convention in Gatlinburg. The award was established by the TBA in 2005 to honor and exemplify the extraordinary dedication to public service by former Chief Justice Drowota. Barker, who has served 25 years on the bench, will retire on Sept. 1. The award presentation followed a keynote address from Northeastern University School of Law professor David Hall.
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Court: TCA


Andrew J. Bernstein, Memphis, Tennessee, for the appellant, Napoleon Bryant.

Robert E. Cooper, Jr., Attorney General and Reporter, and Warren Jasper, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee ex rel. Harriett Turner.

Judge: KIRBY

This appeal arises out of a petition for civil contempt based on the failure to pay child support. The state, on behalf of the obligee mother, filed this petition for contempt against the obligor father for failure to pay child support. After a hearing, the juvenile court determined that the father was willfully underemployed and in contempt of court. The father filed a petition for a rehearing under the local rules of the juvenile court, seeking to introduce additional evidence on the issue of willful underemployment. The juvenile court treated the fatherís petition as a motion to alter or amend under the Tennessee Rules of Civil Procedure and found that the father was not entitled to such relief. The father appeals, arguing that he should have been permitted to introduce additional evidence under the applicable juvenile court local rules, and that the juvenile court erred in finding him in contempt. We conclude that the trial court appropriately considered the fatherís petition as a motion to alter or amend under the Tennessee Rules of Civil Procedure, and that the trial court did not abuse its discretion in the denial of the fatherís petition, and therefore affirm.


Court: TCCA


Tony N. Brayton, Assistant Public Defender, Memphis, Tennessee, for the appellant, Larry Carter.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Damon Griffin, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, Larry Carter, was convicted of burglary, a Class D felony, and sentenced to serve twelve years in the Department of Correction as a career offender. On appeal, he argues that the evidence presented at his jury trial was insufficient to support his conviction. We affirm the judgment of the trial court.


Court: TCCA


Worrick G. Robinson, III (at trial) and Mark C. Scruggs (on appeal), Nashville, Tennessee, for the Appellant, Nick Defillipis.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; Ronald L. Davis, District Attorney General; Mary Katherine White, Assistant District Attorney General, for the Appellee, the State ofTennessee.


The Defendant, Nick Defilippis, pled guilty to reckless endangerment, and the trial court granted him judicial diversion and sentenced him to probation for eleven months and twenty-nine days. During that time period, the Defendant tested positive for cocaine. The trial court found that he violated his probation, and it subsequently revoked his probation and sentenced him to six months of incarceration. The Defendant appeals, claiming: (1) the trial court lacked subject matter jurisdiction with regard to a probation revocation warrant it issued; (2) the trial court denied him due process because he lacked notice of his probation terms; (3) the State presented insufficient proof that he violated his probation; and (4) the trial court erroneously sentenced him. After a thorough review of the facts in the record and the applicable law, we affirm the trial court's judgment.


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