Assigned on Briefs February 2, 2017
from the Circuit Court for Hawkins County No. 2016CV124 Alex
E. Pearson, Judge
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
R. App. P. 3 Appeal as of Right; Case Transferred to the
Tennessee Court of Criminal Appeals
Elliott, Church Hill, Tennessee, Pro Se.
William E. Phillips, Rogersville, Tennessee, for the
appellee, City of Church Hill, Tennessee.
Steven Stafford, P.J., W.S., delivered the opinion of the
court, in which D. Michael Swiney, C.J., and Andy D. Bennett,
STEVEN STAFFORD, JUDGE
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."
this conviction, Mr. Elliott prosecuted an appeal to the
Hawkins County Circuit Court, and a de novo bench trial was
conducted. 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
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 ...