State of Tennessee v. Freddie William Lewis

The appellee, Freddie William Lewis, was indicted for custodial interference after allegations arose that he moved his child to another state in violation of a juvenile court order. The appellee filed a motion to dismiss the indictment, arguing that a default judgment taken against him in juvenile court on the paternity petition, which later formed the basis for the indictment, was void. The trial court dismissed the indictment after a hearing. The State appeals, arguing that the trial court erred in dismissing the indictment. We determine that the trial court erred in dismissing the indictment because the default judgment was not void, but merely voidable. Accordingly, we reverse the judgment of the trial court, reinstate the indictment and remand the case for trial