“The majority of the counts of criminal contempt” on which a Williamson County trial court judge convicted must be reversed, the Tennessee Court of Appeals has ruled. The Tennessee Court of Appeals also ordered that “we vacate the sentences imposed by the trial court and remand[.]” The ruling is a major victory for Horwitz Law, PLLC client Patrick Malone. Horwitz Law, PLLC’s whitepaper on defending criminal contempt cases is available here: https://horwitz.law/defending-criminal-contempt-cases-in-tennessee/.
“We agree with Father’s contention that the Visitation Order is ambiguous with regard to its application as to Counts 1, 11, 13, 14, 15, 18, and 19.” Several additional convictions were reversed on appeal for lack of proof. Based on these rulings and the trial court’s failure to consider mandatory sentencing factors, the trial court’s consecutive sentencing and incarceration orders were vacated and remanded for further consideration, too.
The victory makes ten straight Tennessee Court of Appeals wins (all as appellant) for the Horwitz Law, PLLC appellate practice team. Selected case documents appear below.
Tennessee Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01261-COA-R3-CV.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Malone-Amended-Principal-Brief-Final-1.pdf
Horwitz Law, PLLC’s Reply Brief: https://horwitz.law/wp-content/uploads/Malone-Reply-Brief.pdf
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