Knowing the Judge Not Enough for Judicial Recusal
Tennessee case summary on judicial recusal in divorce. Donald Eugene Winder, III v. Kara Elizabeth Winder In October, 2019, this divorce case from Meigs County, Tennessee, was decided by the Tennessee Supreme Court. The Court of Appeals had previously held that the trial judge had not given sufficient reasons for denying a motion for recusal. […]
Read More»Mom Must Pay Attorney Fees After Appeal Deemed Frivolous
Tennessee case summary on attorney’s fees on appeal in divorce. Christopher James Terrazzano v. Alecia Ann Terrazzano At the time of their marriage in 2013, the father in this Putnam County, Tennessee, case was in the U.S. Navy, stationed in Cookeville, Tennessee. Six months later, he was transferred to Hawaii. The mother, however, was unable […]
Read More»Tracy Coenen’s Lifestyle Analysis in Divorce Cases, Second Edition
The American Bar Association Family Law Section recently published the second edition of Tracy Coenen’s invaluable resource Lifestyle Analysis in Divorce Cases: Investigating Spending and Finding Income and Assets. Coenen’s book clearly explains the lifestyle analysis, an important but often confusing calculation of income and expenses in a divorce case, often used to establish parties’ […]
Read More»Court Docs From Another Case Not New Evidence For New Trial
Tennessee case summary on property division and standard for new trial in divorce. Sonya Lee Westbrooks v. Earl Lavon Westbrooks The husband and wife in this Hamilton County, Tennessee, case had been married for twenty years when the wife filed for divorce in 2013. The trial took place in 2017. The husband had a retirement […]
Read More»Judge Must State Reasons for Denying Motion to Recuse
Tennessee case summary on judicial recusal. Donald Eugene Winder, III v. Kara Elizabeth Winder The husband in this Meigs County, Tennessee, case filed for divorce in 2019. The next day, the parties filed a marital dissolution agreement and permanent parenting plan. However, three months later, the wife filed a notice to withdraw the agreement and […]
Read More»NM Supreme Court Abolishes Spousal Privilege | Criminal Case
- At October 21, 2019
- By Miles Mason
- In Divorce Process
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New Mexico case summary on spousal privilege: evidence law. State of New Mexico v. David Gutierrez II Jose Valverde was shot dead in Clovis, New Mexico, in 2002. The case remained unsolved for 13 years, when David Gutierrez II was indicted for the murder. Gutierrez had told two people about his role in the crime. […]
Read More»Attorney Loses Own Divorce Case When She Failed to Appear at Trial
Tennessee case summary on attorney’s fees in divorce. Gary Lee Odom v. Rachel Lea Zamata Odom The husband and wife in this Davidson County, Tennessee, case had been married seven years when the husband filed for divorce. At the time of trial, the husband was 66 and the wife 33. The husband had paid for […]
Read More»No Custody Jurisdiction After Child Out of TN for Six Months
Tennessee child custody case summary on jurisdiction (UCCJEA) and custody modification. Amber Ada Hernandez v. David Alan Hernandez The mother and father in this McNairy County, Tennessee. Case were divorced in 2006. The mother was named the primary residential parent, with the father having co-parenting time every other weekend. In about 2014, the father moved […]
Read More»Granting Motion Over Objection of Sick Attorney Not Grounds for Recusal
Tennessee case summary on recusal in divorce. Laurie Elizabeth Lee v. Bryan Mitchell Lee The mother in this Knox County, Tennessee, case filed a petition to modify the permanent parenting plan, and the case was set for trial in December 2018. The father filed an in limine motion which was to be heard the same […]
Read More»No Recusal for Judge Predicting Crediting Doctor’s Testimony
Tennessee case summary on judicial recusal in divorce. Marian Neamtu v. Iveta Neamtu The husband and wife in this Davidson County, Tennessee, case were divorced in 2007, at which time the wife was found to be suffering from Lyme Disease and unemployable. The husband was ordered to pay $1,200 per month in alimony until death […]
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