State of Tennessee v. Austin Drummond
Case Details
- Judge(s)
- Judge Camille R. McMullen, Judge J. Ross Dyer, Judge John W. Campbell
- Status
- Published
- Procedural Posture
- Extraordinary appeal of trial court order regarding pretrial custody; appellate court affirmed the trial court's judgment
Related Laws
No specific laws identified for this ruling.
Outcome
The appellate court granted the defendant's application for extraordinary appeal and affirmed the trial court's order transferring the defendant to TDOC custody pretrial, rejecting the defendant's arguments that the court lacked statutory authority or that facts did not support the transfer.
Excerpt
This matter is before the Court upon the Defendant's application for an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. The Defendant seeks review of the trial court's order transferring the Defendant to the custody of the Tennessee Department of Correction (TDOC) for safekeeping prior to trial. The Defendant argues that the trial court lacked statutory authorization to transfer a pretrial detainee to TDOC custody or, alternatively, that the facts of this case do not support such a transfer. The State has filed a response in opposition, arguing that the trial court has not so far departed from the accepted and usual course of judicial proceedings as to require immediate review. We conclude that extraordinary review is "necessary for complete determination of the action on appeal." Tenn. R. App. P. 10(a)(2). Therefore, we hereby GRANT the Defendant's application for extraordinary appeal. However, further briefing and argument are not required. See Tenn. R. App. P. 10(d). For the reasons set forth below, we AFFIRM the judgment of the trial court.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Defendant, Montrell Reid, appeals from his guilty-pleaded convictions for harassment and stalking, both Class A misdemeanors. Under the plea agreement, Defendant agreed to serve eleven months and twenty-nine days for each count, with the sentences to be served consecutively and the manner of service to be determined by the trial court. At sentencing, the trial court denied Defendant's request for probation and ordered that he serve his sentence in confinement. On appeal, Defendant contends that the trial court erred in denying his request for probation. Following our review, we affirm the trial court's judgments as to the denial of probation, but we remand for a determination of the percentage of service pursuant to Tennessee Code Annotated section 40-35-302(d).
The Madison County Grand Jury indicted Defendant, Andre Davis, Jr., for one count each of harassment and aggravated stalking. A jury found Defendant guilty as charged, and the trial court imposed an effective two-year sentence. Defendant appeals and argues that the evidence was insufficient to support his convictions. After a careful review of the record and the briefs of the parties, we affirm the judgments of the trial court.
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