State of Tennessee v. Joe Clyde Tubwell

This case involves a traffic ticket for speeding received by the Defendant, Joe Clyde Tubwell, in Memphis, Tennessee. The Defendant was found guilty by the Memphis City Court. The Defendant contends that he was denied the right to appeal that decision as an indigent. In Shelby County Circuit Court, he subsequently filed a “Petition for Mandamus or for Order Directing that Indigent Be Allowed to Appeal.” The Circuit Court dismissed this filing. The Defendant now appeals. After review, based on the specific facts of this case, we now dismiss the appeal without prejudice and remand this action to the Shelby County Circuit Court with instructions to hold an evidentiary hearing in this matter.