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Posted by: Chandra Williams on Feb 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Jeremy Yuill and Danny C. Garland, II, Knoxville, Tennessee, for appellant, Christopher Cornell Eskridge.

Attorneys 2:

Robert A. Downs, Knoxville, Tennessee, and W. Lewis Jenkins, Jr., Dyersburg, Tennessee, for appellee, Stephanie Nicole Lee. Herbert H. Slatery III, Attorney General and Reporter, Andre´e S. Blumstein, Solicitor General, Kathryn A. Baker, Assistant Attorney General, and Jason I. Coleman, Assitant Attorney General, Nashville, Tennessee, for appellee, State of Tennessee.

Judge(s): SUSANO

The trial court, upon finding that Christopher Cornell Eskridge (Respondent) repeatedly violated orders of protection issued to protect Stephanie Nicole Lee (Petitioner), sentenced him to ten days in jail and required him to post a $2,500 bond in accordance with Tenn. Code Ann. § 36-3-610(b)(2) (2014). On appeal, Respondent challenges the constitutionality of this statute. None of the issues raised on appeal, including the constitutional issue presented by Respondent, were raised with the trial court. Furthermore, Respondent did not timely notify the Attorney General of his constitutional challenge, as required by Tenn. Code Ann. § 29-14-107(b) (2000) and Tenn. R. Civ. P. 24.04. We hold that Respondent waived these issues. Accordingly, we affirm the judgment of the trial court.