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Posted by: Landry Butler on Jun 15, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger Elliott, Church Hill, Tennessee, Pro Se.

Attorneys 2:

William E. Phillips, Rogersville, Tennessee, for the appellee, City of Church Hill.

Shelly L. Wilson, Knoxville, Tennessee; Rebecca Ketchie, Kingsport, Tennessee; Jason H. Long, Knoxville, Tennessee; Edward D. Lanquist and Allan F. Ramsaur; Nashville, Tennessee, for the Amicus Curiae, Tennessee Bar Association.

Judge(s): HOLLOWAY

Roger Elliott (“the Appellant”) was found guilty of “improper passing” by the city judge of the Municipal Court of Church Hill and appealed to the circuit court. In a trial de novo, the Appellant was found guilty of violating Tennessee Code Annotated section 55- 8-118 and was fined twenty-five dollars. Because the Appellant was found guilty in municipal court of violating a municipal ordinance, a civil offense; the subject matter jurisdiction of the circuit court in the trial de novo was limited to a violation of the municipal ordinance. The circuit court erred in finding the Appellant guilty of violating a state criminal statute. The judgment of the circuit court is reversed, and the case remanded for a new trial to determine if the Appellant violated a municipal ordinance of the City of Church Hill.