State of Tennessee v. Johnathan Dale Abernathy

Defendant, Johnathan Dale Abernathy, was found not guilty of the charge of domestic assault.  At his arraignment, pursuant to T.C.A. §  40-14-202(e), the trial court had found that he could pay a portion of his attorney fees even though the public defender was appointed to represent him.  He had only paid a portion of the fees prior to trial.  Subsequent to the trial, Defendant filed a motion to remit some or all of the fees.  At the motion hearing, and without prior notice of contempt charges to be answered, the trial court summarily held Defendant in civil contempt with the contempt to be purged when he paid the balance owed.  Defendant appealed, and we reverse the judgment of the trial court and dismiss all contempt charges.