Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

City of Church Hill v. Elliott

Court of Appeals of Tennessee, Knoxville

February 17, 2017

CITY OF CHURCH HILL
v.
ROGER ELLIOTT

          Assigned on Briefs February 2, 2017

         Appeal from the Circuit Court for Hawkins County No. 2016CV124 Alex E. Pearson, Judge

         Because defendant was charged and found guilty of violating a state statute, rather than a municipal ordinance, we conclude that we are without subject matter jurisdiction to consider this appeal. Therefore, we must transfer this case to the Tennessee Court of Criminal Appeals in accordance with Rule 17 of the Tennessee Rules of Appellate Procedure for further adjudication.

         Tenn. R. App. P. 3 Appeal as of Right; Case Transferred to the Tennessee Court of Criminal Appeals

          Roger Elliott, Church Hill, Tennessee, Pro Se.

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

          J. Steven Stafford, P.J., W.S., delivered the opinion of the court, in which D. Michael Swiney, C.J., and Andy D. Bennett, J., joined.

          MEMORANDUM OPINION[1]

          J. STEVEN STAFFORD, JUDGE

         Background

         On December 20, 2015, at approximately 9:55 p.m., Officer K. Grigsby of the Church Hill Police Department issued a citation to Appellant/Defendant Roger Elliott. Mr. Elliott was charged with "improper passing" and was summoned to appear in the Municipal Court of Church Hill. The matter was heard on March 16, 2016, and Mr. Elliot was found guilty of "improper passing."

         Following this conviction, Mr. Elliott prosecuted an appeal to the Hawkins County Circuit Court, and a de novo bench trial was conducted.[2] By order of September 19, 2016, the circuit court judge found Mr. Elliott guilty "beyond a reasonable doubt" of a violation of Tennessee Code Annotated section 55-8-118(b) by "failing to safely pass a stopped vehicle[] at the intersection of Main Street and Central Avenue[.]" Mr. Elliott then appealed to this Court.

         Issues

         In his appellate brief, Mr. Elliott raises one issue for our review:

1. Is passing right of a stopped, left-turn-signaling vehicle unlawful because it, or any other vehicle, could suddenly turn toward ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.