A trial court’s order incarcerating and denying bail pending appeal to a defendant who is appealing his contempt convictions must be vacated, the Tennessee Court of Appeals has ruled. The ruling arises under Tennessee Rule of Appellate Procedure 8—a rarely utilized appellate rule governing appeals of trial court bail determinations—and Tennessee criminal procedural rules that provide that: (1) “[a] person convicted of a misdemeanor has a right to have bail set or to be released on recognizance pending the exhaustion of all direct appellate procedure in the case” and (2) an “alleged contemner is entitled to admission to bail as provided in these rules.” Tenn. R. Crim. P. 32(d)(1); Tenn. R. Crim. P. 42(b)(3).
“The appellant has filed a motion seeking review of the trial court’s decision denying bail and incarcerating him pending appeal of his criminal contempt convictions[,]” the Tennessee Court of Appeals’ order explains. “Upon due consideration, the trial court’s decision denying bail is vacated, and the matter is remanded to the trial court with instructions to set bail in an appropriate amount.” The ruling is a major victory for Horwitz Law, PLLC client Patrick Malone. Horwitz Law, PLLC’s whitepaper on defending criminal contempt cases is available here: https://horwitz.law/defending-criminal-contempt-cases-in-tennessee/.
The victory makes two straight Tennessee Court of Appeals wins (both as appellant) for the Horwitz Law, PLLC appellate practice team. Selected case documents appear below.
Tennessee Court of Appeals Order: https://horwitz.law/wp-content/uploads/Malone-Rule-8-Order.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Malone-AMENDED-Bail-Brief.pdf
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