Horwitz Law, PLLC client Scott Wilson’s wrongful convictions for criminal contempt must be reversed, a Tennessee Court of Appeals panel has held.  “[T]hat the order which was allegedly violated lacked specificity and was ambiguous requires a reversal of the convictions of contempt[,]” the Court’s unanimous opinion holds.  The decision was not appealed further, and the mandate has now issued.  Thus, Dr. Wilson’s criminal contempt convictions are formally reversed to judgments of acquittal, and no further appeal is possible.

The case arose out of a trial court order that forbade contact between parents who shared a child.  To enable court-ordered visitation exchanges to occur, though, the trial court’s original order was modified by agreement to require contact between the parties.  After Dr. Wilson twice spoke to his child’s mother about their shared Xfinity account, she petitioned for criminal contempt based on asserted violations of the original non-contact order.

Following a criminal contempt bench trial, Dr. Wilson was wrongfully convicted of criminal contempt on both counts, in part because his trial counsel stated during closing argument that Dr. Wilson had committed “a technical violation.”  That statement notwithstanding, after Dr. Wilson switched counsel and retained Horwitz Law, PLLC to handle his appeal, his appellate attorneys—Daniel A. Horwitz, Lindsay E. Smith, and Melissa K. Dix—successfully argued on appeal that the two conflicting orders created a hopeless ambiguity and, therefore, could not give rise to lawful contempt convictions.  The Tennessee Court of Appeals unanimously agreed.  Because Dr. Wilson prevailed on this point, the Court did not need to reach any of several additional grounds for reversing the two convictions identified in his briefing.  Thus, Dr. Wilson’s convictions are reversed; no further appeal or trial will occur; and the two criminal contempt charges can be expunged.  Selected case documents are linked below.

Case Documents:

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As part of Horwitz Law, PLLC’s appellate practice, Horwitz Law has successfully represented appellate clients in high-stakes, high-profile appeals before the United States Court of Appeals for the Sixth Circuit, the Tennessee Supreme Court, the Tennessee Court of Appeals, the Tennessee Court of Criminal Appeals, the Tennessee Supreme Court Special Workers’ Compensation Appeals Panel, and in administrative agency appeals to Davidson County Chancery Court.  Horwitz Law also provides amicus curiae representation in both state and federal appellate courts.  If you are seeking appellate representation, you can purchase a consultation from Horwitz Law here.