Stating he did not necessarily like his decision, Criminal Court Judge Gary McKenzie ruled the practice of charging a defendant in two courts for the same offense “not a good practice” but overruled defense attorney Randal Boston’s motion to toss the case on constitutional issues.
Christopher Dean Thomas is in Criminal Court facing charges of fifth-offense DUI, per se, and reckless endangerment in connection with his Dec. 4, 2019 arrest by a Crossville Police officer.
That officer also cited Thomas into Crossville Municipal Court on a charge of failure to maintain a lane of travel.
While the case is not one of double jeopardy — charging a citizen twice for the same offense — “the idea of writing a ticket to collect fine only puts in jeopardy” the higher offense.
In a hearing held early last month, Boston noted Municipal Courts are a creation of the state legislature with appointed judges as opposed to state courts with elected judges.
Powers and authority are different, and Municipal Courts are not required — or have the authority — to appoint attorneys for defendants. In Criminal Courts, every defendant has a right to legal counsel.
In Thomas’ case, he pleaded guilty May 20, 2020, to the failure to maintain lane of travel and paid his fine and costs to the city prior to being indicted on the fifth offense DUI charge on Oct. 1, 2020.
For Boston, it makes defending his client difficult because of the admission in Municipal Court to an element of the greater charge of DUI.
Among other issues, Boston claimed in his motion for dismissal Dean’s constitution rights “had been taken away” by his plea without benefit of counsel.
“I can’t proceed on motions … there is no other fix that to dismiss the charges … it is the only remedy for my client,” said Boston at the hearing.
McKenzie took the case under advisement and said he would announce his ruling Oct. 1.
While agreeing the facts in Boston’s motion makes it “extremely difficult” to defend against the charges, McKenzie ruled the plea in Municipal Court could not be brought up during trial in Criminal Court.
The judge added Boston’s motions might need to be appealed to the Tennessee Court of Criminal Appeals for clarity.
Assistant District Attorney Racheal Bateman told McKenzie it was her information city police no lon- ger following that practice, to which McKenzie responded, “I hope it is going to end.”
Thomas’ Criminal Court trial is set for March 13, with a status and tracking date to be set earlier.