In State of Tennessee v. Latickia Tashay Burgins, (Tenn. Crim. App. No. E2014-02110-CCA-R8-CO, filed Dec. 3, 2014) citizen accused Latickia Burgins, on bail for a criminal charge, then incurred additional criminal charges. Pursuant to Tenn. Code Ann. Sect. 40-11-141(b) (which states in part that,”[i]f after the defendant is released upon . . . [a] bond approved by the court, the defendant . . . is charged with an offense committed during the defendant’s release . . . , then the court may revoke and terminate the defendant’s bond and order the defendant held without bail pending trial or without release pending trial”), Burgins’s prior bail was revoked and the trial court denied further pretrial bail. See Burgins, at *2.
The Tennessee Supreme Court ruled that “to the extent Tennessee Code Annotated section 40-11-141(b) permits a trial court to hold a defendant ‘without bail pending trial,’ the statute violates the constitutional guarantee of the right to bail under Article I, section 15 of the Tennessee Constitution.” Burgins, at *4. The Court noted that in the 1952 Tennessee Supreme Court case of Wallace v. State, 245 S.W.2d 192, “the court held steadfast to the proposition that the right to pretrial bail in noncapital cases is without exception and that, in the face of affirmative evidence of forfeiture, a defendant may forfeit an existing bail but will still be afforded an opportunity to post an additional bail with appropriate conditions.” Burgins, at *3-4 (citing to Wallace, 245 S.W.2d at 194).
As a brief aside, I would like to applaud the University of Tennessee College of Law’s Appellate Litigation Clinic, who argued this case on behalf of the citizen accused. As an alumni of UT Law’s Clinical Programs, I am very pleased when I hear of the level of excellence produced by the programs. Also, please allow me to end by especially congratulating the clinical student and staff who worked on this case. To read more, click here. Until next time, I remain
Very Truly Yours,
– Nick Lee –
The information on this site is general information and should not be construed as legal advice. Every case is unique and you should consult with an attorney in your state about the specific details of your case. Nothing on this site or in correspondence with Nicholas Lee or his agents shall be construed as forming an attorney-client relationship and information you send prior to the forming of an attorney-client relationship may not be kept confidential. Neither this site nor correspondence with Nicholas Lee or his agents shall be construed as a promise nor as undertaking a duty regarding you or your case. Nicholas Lee and his agents are not retained as your legal counsel unless a valid written Representation Agreement is reached regarding your specific case.
“Defending Tennessee” is a privately-ran legal blog and is not a public legal aid agency. References to external sources are for the convenience and reference of the readers, but the accuracy of any information included in external sources is not guaranteed by Nicholas Lee, Lee Criminal Defense, nor any other authors/contributors . Additionally, any summary of case-law or representations about or in regards to the legal system are made with good intent, but Nicholas Lee, Lee Criminal Defense, and other authors/contributors do not accept any liability for any harm that may result from relying upon anything on this site – if you have a legal need, please consult an attorney licensed in your area immediately.