State of Tennessee v. Andrew Jackson

The Defendant, Andrew Jackson, through counsel, has filed a motion for review of
the Hamblen County Criminal Court’s revocation of his pretrial bail. See Tenn. Code
Ann. § 40-11-144; see also Tenn. R. App. P. 8. The Defendant asserts that the trial court
improperly revoked his pretrial bail, sua sponte, when the Defendant decided not to enter
a guilty plea at the plea submission hearing and, instead, asserted his right to a jury trial.
The Defendant argues that the trial court’s summary revocation of his pretrial bail—
without notice, a hearing, or requiring the State to establish by a preponderance of evidence
a statutory basis for revoking his pretrial bail—does not comport with due process. See
State v. Burgins, 464 S.W.3d 298, 306 (Tenn. 2015). The State has filed a response
conceding that the Defendant’s due process rights were denied when the trial court
summarily revoked his bail without holding a hearing. Upon full consideration, the
Defendant’s motion is GRANTED, and this matter is remanded for further proceedings
consistent with this court’s order.