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101.5 The One FM 101.5 The One FM commented on their own status.02.09.2014 at 12:49 pmLike
101.5 The One FM The decisions on the future of 10-year-old Sonya McCaul now appear to be in the hands of a judge in Douglas County, Nebraska, after Dickson County Juvenile Court Judge Andy Jackson granted a motion to transfer custody from Tennessee. On his last day on the bench, Jackson apparently ruled Friday that Tennessee should never have had jurisdiction in the intrastate battle between the girl's biological father in Nebraska and the foster parents who raised and adopted her in Dickson County, only to have that adoption overturned. Because Jackson issued his ruling in writing instead of in open court, it is not public record and none of the parties involved have made any public statements. Following a hearing Thursday on a motion to transfer custody to the Nebraska Children's Commission, Jackson said he would issue his ruling by the end of the day Friday, which marked the end of his 33 years on the bench. Jackson said copies of his ruling would be sent to the parties involved. Lynn Coffinberry, the attorney who filed the motion on behalf of John McCaul, confirmed Friday afternoon that she had received a copy of Jackson's ruling but would not comment on it because she was not sure everyone involved had seen it yet. Supporters of McCaul on the Sonya Is Home page on Facebook proclaimed victory Friday in reporting that Jackson had ordered custody of Sonya transferred from the Tennessee Department of Children's Services to the Nebraska Children's Commission and that a juvenile court judge in Douglas County has accepted the case. Supporters of former foster parents Kim and David Hodgin on the Bring Sonya Home page on Facebook criticized Jackson's ruling that Tennessee should never have had jurisdiction. During Thursday's hearing, Coffinberry argued that a 2004 order in Nebraska granted John McCaul full custody of his daughter while her biological mother had visitation rights. Coffinberry said that order means Sonya should have been returned to Nebraska in 2006 when Jackson determined she was abandoned after a babysitter brought her to Tennessee. With Jackson's order Friday, the Nebraska Children's Commission takes over custody of Sonya while a juvenile court judge in Omaha will now conduct reviews of her status and make a determination on permanent custody. John McCaul has had physical custody of his daughter since the end of January after she lived with the Hodgins for eight years. Prior to Thursday's hearing, attorneys for the Hodgins had asked for a hearing in Dickson County Circuit Court to seek a temporary restraining order to stop the transfer of custody, but after Jackson took the matter under advisement and did not immediately rule, that hearing was canceled. The attorneys did not petition the court for a new hearing after Jackson issued his order Friday. The Hodgins still have a petition to terminate John McCaul's parental rights and a petition to again adopt Sonya pending in Dickson County courts.02.09.2014 at 12:41 pmLike
101.5 The One FM After spending 90 days in jail, the former president of the Humane Society of Dickson County has begun making restitution payments on the $60,000 she was convicted of stealing. 49-year-old Melissa Lee Standley appeared in Dickson County Circuit Court Friday for a review on a violation of probation warrant after falling behind on her restitution schedule. The last time Standley appeared before Judge Robert Burch, she had paid $600 toward $15,000 that was scheduled to have been paid according to the plea agreement she entered last year. At that February hearing, Burch sent Standley to jail for 90 days and ordered her to begin making payments of $1,000 per month on her restitution. According to Circuit Court Clerk Pam Choate Myatt, Standley made payments of $1,000 on Aug. 7 and 18 and $1,500 last week to push he total payments to $4,100. Under the original restitution schedule that was part of Standley's plea bargain agreement for eight years on probation, she should have paid $25,000 by July 1 with another $10,000 due on Dec. 1. But with Burch modifying the payment schedule to $1,000 per month, Standley has been out of jail just three months and is now ahead of that schedule. “Keep doing what you've been doing and you won't have any trouble. If you don't, you will,” Burch told Standley Friday. Even though Friday marked the end of his 34-year tenure on the bench, Burch is still scheduled to return to the bench for reviews of continuing cases. He scheduled Standley for another probation status review on March 25. In February 2013, Standley pleaded guilty to stealing $60,000 from the humane society while serving as president of its board of directors. In a plea agreement, she was placed on probation for eight years and ordered to repay the money, with Burch warning her to make her scheduled payments before she eats or face the possibility of going to prison for her full eight-year sentence.02.09.2014 at 12:40 pmLike
101.5 The One FM A Charlotte woman was placed on probation for six years and ordered to repay her father for more than $20,000 in lottery tickets she was convicted of stealing from a family owned market. 39-year-old Rebecca Lynn Morgan of Rock Church Road agreed to pay her father $250 a month for the next six years under an agreed sentence presented in Dickson County Circuit Court Friday. Assistant District Attorney Paul Hessing of Henry County, who was brought in as a special prosecutor, announced the agreed order Friday when Judge Robert Burch was scheduled to hold a sentencing hearing following Morgan's Aug. 12 conviction on a single count of theft between $10,000 and $60,000 dollars, a Class C felony punishable by 3-6 years in prison. Following a two-day trial, a jury found Morgan guilty of stealing 88 rolls of lottery tickets from Morgan's Market in Vanleer, where she worked for her father and stepmother, Larry and Annette Morgan. Hessing said because Morgan has no previous convictions and based on statements made by the victims, the state agreed to probation, restitution of $20,400 and no fine to be assessed. Hessing said based on a determination of Morgan's ability to pay, the restitution schedule will be $250 a month for six years for a total to be repaid of $18,000. Larry and Annette Morgan said they discovered a discrepancy in the records of lottery ticket rolls that had been activated and sales at the store and a subsequent investigation revealed 88 rolls valued at $300 each were unaccounted for between January and May 2012. Rebecca Lynn Morgan claimed she did not steal the tickets and the lack of oversight at the market meant it was possible any employee or customer could have activated and stolen rolls of lottery tickets. After hearing two days of testimony, a five-man, seven-woman jury deliberated for two hours before convicting Morgan.02.09.2014 at 12:40 pmLike
101.5 The One FM A judge ordered Dickson Electric System to restore service to a White Bluff woman whose electricity was cut off in what he wanted to call an attempt to “extort” payment for a relative's past-due account. Judge Robert Burch granted a temporary restraining order Friday and warned that DES should expect a large payout if a pending lawsuit goes to trial. Penny Foreman has filed a lawsuit against Dickson Electric after it cut off power at her Trace Creek Road home on Aug. 21. While admitting on the stand Friday that she has been behind on her bills before, Foreman said her current Dickson Electric bill actually showed a 71-cent credit when her service was terminated. A notice left on her door and a collection letter sent to her home reference a $620.50 balance owed for two other locations in the name of her brother-in-law and his wife, Raymond and Karen Foreman. DES General Manager Darrell Gillespie said service to Penny Foreman's home was cut off after DES determined Raymond and Karen Foreman were living at that address based on applications for assistance with utility bills to the Dickson County Help Center and White Bluff Church of Christ filed by Karen Foreman and a copy of Raymond Foreman's driver's license listing the Trace Creek Road address. But Penny Foreman insists Raymond and Karen Foreman were only guests in her home while they had nowhere else to stay and she was unaware they were using her address for their own. She said she was staying off and on with her ill mother in LaVergne and was giving her brother-in-law money to pay the utility bills. Foreman's attorney, James Baum, argued that Dickson Electric wrongfully terminated Penny Foreman's service in an attempt to collect someone else's bad debt. DES attorney Jerry Smith said the system acted based on fraudulent acts committed by Raymond and Karen Foreman. Burch said it was “fairly evident” based on inconsistent testimony that he found insulting to his intelligence that Dickson Electric System was attempting to collect from Penny Foreman a bill owed by Raymond Foreman, saying he wanted to use the word “extort.” He issued a restraining order instructing Dickson Electric System to restore Penny Foreman's service within 48 hours and said her service cannot be cut off without the court's permission while her lawsuit is pending. He also warned that he believes DES could be “heavily liable” for damages Penny Foreman has suffered from being displaced from her home and that there could be a “pretty good judgment” against the service when the full lawsuit is heard. There is currently no date for a trial on Foreman's lawsuit.02.09.2014 at 12:39 pmLike

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