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Posted by: Brittany Sims on Jun 17, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter, David H. Findley, Assistant Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Ryan B. Feeney, Selmer, Tennessee, for the appellee, Joseph L. Lands.

Appellant, Joseph L. Lands, pled guilty to vehicular homicide by intoxication in McNairy County. Lands, 377 S.W.3d 678, 679 (Tenn. Crim. App. 2012). Because of a procedural error, Appellant’s appeal to this Court was dismissed and his appeal bond was revoked. Id. at 684. The trial court subsequently granted Appellant’s request for bond while appealing to the Tennessee Supreme Court. The State filed an application pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure for an extraordinary appeal arguing that the trial court did not have jurisdiction to grant the request. We granted the Rule 10 application. On appeal, we conclude that Rule 8(c) specifically states that this Court has jurisdiction to determine questions regarding appeal bonds when an appellant appeals this Court’s determination to the Tennessee Supreme Court. Therefore, we remand this case for proceedings to revoke his appeal bond in the trial court.