BRANDI NICOLE SOSEBEE v. JOHN CHARLES SOSEBEE, JR. - Articles

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Posted by: Tanja Trezise on May 4, 2012

Court: TN Court of Appeals

Attorneys 1:

George R. Maifair, Knoxville, Tennessee, for the appellant, John Charles Sosebee, Jr.

Attorneys 2:

Laura Rule, Maryville, Tennessee, for the appellee, Brandi Nicole Sosebee.

Judge(s): SWINEY

In March of 2011, John Charles Sosebee, Jr. (“Husband”) was found guilty of 69 counts of criminal contempt for violating an order of protection in favor of Brandi Nicole Sosebee (“Wife”). Husband was sentenced to 10 days in jail for each violation, for a total of 690 days. Husband appeals raising several issues including whether he received proper notice that Wife was seeking criminal contempt. We find and hold that Husband did not receive proper notice that criminal contempt was being pursued and should not have been convicted and sentenced accordingly. We, however, hold that the record on appeal supports a finding that Husband violated the order of protection on 69 occasions. We, therefore, modify the judgment to reflect that Husband committed civil contempt, and remand to the Trial Court with direction to set a purge amount and proceed accordingly.

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