Benjamin McCurry v. Agness McCurry

Summary

The Tennessee Court of Appeals reviews criminal contempt judgments against Agness McCurry arising from her failure to comply with court orders in a child-custody matter and from her unauthorized recording of court proceedings. The court addresses waiver, the validity and enforceability of the underlying orders, and evidentiary and due-process arguments. The trial court’s contempt findings and related rulings are affirmed, and the case is remanded.

Holdings

1. The trial court properly found McCurry guilty beyond a reasonable doubt of all three criminal-contempt charges.
2. A facially valid order must be obeyed until it is dissolved or reversed; an alleged error in the order is not a defense to criminal contempt.
3. McCurry willfully violated the order requiring her to contact Fletcher, notwithstanding her claim that Fletcher would not respond.
4. Issues raised for the first time on appeal, including McCurry's asserted whistleblower defense to the recording charge and some recusal and constitutional arguments, were waived.
5. McCurry was not denied due process because the record showed that she was given opportunities to participate, call witnesses, and present evidence but repeatedly and deliberately refused to do so.
6. The trial court did not abuse its discretion in denying McCurry's post-judgment motion, and she was not entitled to a hearing on that motion.
7. The Court could take judicial notice that the proffered documents were filed in federal court, but could not judicially notice the disputed factual allegations contained in those filings.
8. The absence of a recording of the February 7 hearing did not entitle McCurry to appellate relief.

Questions Presented

1. Whether the criminal contempt findings for failing to contact Teresa Fletcher, failing to provide financial documentation, and recording a hearing without permission were supported by the evidence.
2. Whether McCurry's collateral challenges to the underlying orders established that those orders were unlawful, unclear, or impossible to comply with.
3. Whether McCurry waived her challenge to the recording-related contempt charge by failing to raise the asserted whistleblower and constitutional defenses in the trial court.
4. Whether Judge Wright should have recused himself from the underlying child-custody matter.
5. Whether McCurry was denied due process because she was allegedly unable to call witnesses, present evidence, or prepare for the contempt hearing.
6. Whether the trial court abused its discretion in denying McCurry's Rule 59 and Rule 60 post-judgment motion.
7. Whether the absence of a recording of a February 7, 2023 hearing entitled McCurry to appellate relief or supported a Brady, section 1983, or due-process claim.
8. Whether the Court should take judicial notice of filings from McCurry's separate federal lawsuit.

Disposition

affirmed