Jerry W. Havenner v. Debora Hutchinson

Appellant Jerry W. Havenner, who is incarcerated, appeals the denial of his motion for modification of a repeat violence injunction issued against him. Havenner argues that his due process rights were violated when the lower court denied his motion after he, through no fault of his own, failed to appear at the hearing. We agree and reverse.

The record before us reflects that Havenner properly brought to the lower court’s attention his desire to appear tele-phonically for the hearing. The lower court, in turn, noted on Havenner’s notice of hearing that he was to appear telephoni-cally. However,…