Jackie Gaines Robinson v. Lewis Gaines

The defendant, Lewis Gaines, Jr., was found guilty in these two separate cases of criminal contempt for failure to pay child support as ordered by the Circuit Court for Davidson County. After the two bench trials, the defendant was sentenced to 6 months confinement for each contempt conviction, with the sentences running concurrently. The cases were tried separately in the trial court on the same day and they were consolidated on appeal. On this appeal, the defendant insists that he had a federal and state constitutional right to a trial by jury. The defendant also makes issue that the trial court did not have authority to order that he not be admitted to work release or other trustee program while serving these concurrent workhouse sentences. After considering the issues, we find that the judgments of the trial court must be modified and affirmed. The defendant and Jackie Moore Gaines were divorced on November 20, 1975. The defendant was ordered to pay $35.00 per week for the support of the one minor child of these parties. On February 25, 1986, Jackie Gaines Moore (Robinson) filed a third petition for contempt, the prior petitions having been resolved by agreement or dismissed by the Court. A hearing was held on March 5, 1986, when the trial court, without the intervention of a jury, found the defendant in arrears in the sum of $13,465.73. During the hearing, the defendant paid $2,000.00, thus reducing the arrearage to $11,465.73. The Court found the defendant to be in contempt and sentenced him to serve 6 months in the Davidson County Workhouse. The judgment further provided that he should not be admitted to work release or other trustee-type status.