State v. Burgins
Annotate this CaseAfter a grand jury returned a presentment against Defendant for possession of marijuana, Defendant posted bond and was released. Thereafter, a grand jury issued a nineteen-count presentment against Defendant charging her with multiple crimes, including attempted first degree murder. The State moved to revoke Defendant’s bail. The trial court granted the motion pursuant to Tenn. Code Ann. 40-11-141(b). The Court of Criminal Appeals reversed, holding that section 40-11-141(b) violated Tenn. Const. art. I, 15. The Supreme Court remanded the case to the trial court for a bail revocation hearing, holding (1) a defendant has a constitutional right to pretrial release on bail; (2) however, this right is not absolute, and a defendant may forfeit his or her right to bail by subsequent criminal conduct; and (3) before pretrial bail can be revoked, the defendant is entitled to an evidentiary hearing.
Court Description: Authoring Judge: Chief Justice Sharon G. Lee
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