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Posted by: Tanja Trezise on Feb 20, 2013

Head Comment: CORRECTION: On page twelve (12) of the opinion, court cost assessment language has been changed to read as follows: "Because Mr. Kelley is a juvenile, costs of this appeal are assessed against the State of Tennessee for all of which execution may issue if necessary".

Court: TN Court of Appeals

Attorneys 1:

B. Jeffery Harmon, District Public Defender; and Robert G. Morgan, Assistant Public Defender; Jasper, Tennessee, for the appellant, Allen Kelley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General, for appellee, State of Tennessee.

Judge(s): STAFFORD

This is an appeal from the dismissal of Appellant/juvenile’s appeal of the juvenile court’s determination of delinquency to the circuit court pursuant to Tennessee Code Annotated Section 37-1-159. While the appeal was pending, Appellant ran away from the group home, where he had been ordered to live. Appellee Department of Children’s Services filed a motion to dismiss the appeal. The circuit court determined that the appeal should be dismissed based upon application of the fugitive disentitlement doctrine. The court further determined that Appellant had capacity, under the Rule of Sevens, to be held responsible for his actions. Discerning no error, we affirm.