The Defendant, Craig Kitt, has filed a motion seeking review of the trial court’s
order granting the State’s motion to continue the hearing on his motion to reduce bail. The
Defendant seeks relief pursuant to Rule of Appellate Procedure 8. The State has filed a
response in opposition. For the reasons stated below, the Defendant’s motion is denied.
The Defendant is charged with three counts of aggravated rape and five counts of
rape. The Defendant’s pretrial bond is currently set at $500,000. On July 18, 2025, he
filed a motion to reduce that amount, and a hearing was scheduled for July 28, 2025. The
State filed a motion to continue that hearing. The trial court granted the State’s motion and
continued the hearing until August 11, 2025. The Defendant now seeks review, pursuant
to Rule 8, of the trial court’s decision to grant the State’s motion to continue.
Rule 8 provides the procedural framework for obtaining appellate review of the trial
court’s actions regarding a defendant’s release. Tenn. Code Ann. § 40-11-144. That rule
states: “Before or after conviction the prosecution or defendant may obtain review of an
order entered by a trial court from which an appeal lies to the Supreme Court or Court of
Criminal Appeals granting, denying, setting or altering conditions of defendant’s release.”
Tenn. R. App. P. 8(a) (emphasis added). By its plain language, Rule 8 does not govern the
challenge presented by the Defendant here. This Court agrees with the State that review
of the trial court’s continuance order must be sought under Rule of Appellate Procedure 9
or 10.
Accordingly, the Defendant’s Rule 8 motion is hereby denied. Because the
Defendant is indigent, costs are taxed to the State.