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Posted by: Tanja Trezise on Dec 3, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Kaitlyn Poirier, University of Tennessee Legal Clinic Attorney; Wade V. Davies and Valorie K. Vojdik, Supervising Attorneys, Knoxville, Tennessee, for the appellant, Latickia Tashay Burgins.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The defendant, Latickia Tashay Burgins, through counsel, sought automatic review of the trial court’s revocation of bail pursuant to Tennessee Rule of Appellate Procedure 8. The defendant argues that the trial court’s reliance upon Tennessee Code Annotated section 40- 11-141(b) to revoke and deny pretrial bail following her garnering additional charges violates Article I, section 15 of the Tennessee Constitution. Upon full consideration of the defendant’s motion for review and the State’s response, we conclude that Code section 40- 11-141(b) violates the constitutional guarantee to pretrial bail by permitting a trial court to hold a defendant without bail pending trial. Accordingly, we reverse the judgment of the trial court denying the appellant pretrial bail and remand the case for further proceedings consistent with this opinion.