State of Tennessee v. Earlesa McClellan

Syllabus

This is an Appeal by the State in which we are ask to conclude that a dismissal by a general sessions court for lack of probable cause is subject to de novo review by a circuit court, pursuant to Tennessee Code Annotated section 27-5-108. After the Madison County General Sessions Court dismissed the charge against Defendant, Earlesa McClellan, the district attorney general forwent a grand jury indictment and instead appealed to the Madison County Circuit Court. Finding that an appeal of a general sessions court's probable cause determination to the circuit court is not proper procedure, the circuit court dismissed the appeal. The State now appeals to this Court. After a thorough review of the record, we dismiss the appeal for lack of jurisdiction.