City of Gatlinburg v. Goans
| Decision Date | 12 March 1980 |
| Citation | 600 S.W.2d 735 |
| Parties | CITY OF GATLINBURG, Plaintiff-Appellee, v. Donald GOANS, Defendant-Appellant. |
| Court | Tennessee Court of Appeals |
Hubert D. Patty, Maryville, for defendant-appellant.
Ronald E. Sharp, Sevierville, for plaintiff-appellee.
The question on this appeal is whether or not a defendant is entitled to a jury trial in a circuit court on appeal from city court for violation of a city ordinance.
The Defendant-Appellant, Donald Goans, was tried and found guilty by the City Recorder of the City of Gatlinburg for public drunkenness and carrying a dangerous weapon. He was fined $20 and cost on the public drunkenness charge and $25 and cost on the dangerous weapon charge.
He appealed both cases to the Circuit Court of Sevier County and demanded a jury in each case. The court denied the request for a jury trial and tried the cases without a jury. The court found the Defendant guilty and imposed a fine of $20 in the public drunkenness case and $25 in the dangerous weapon case.
The Defendant has appealed, insisting he was entitled to a trial by jury. He relies on Article I, Section 6 and Section 9 of the Constitution of Tennessee and Amendment 7 of the United States Constitution as authority to support his contention.
Our courts have consistently held that persons charged with petty offenses and violation of city ordinances are not, as a matter of right, entitled to a trial by jury under the provisions of the State or Federal Constitutions. See Pass v. State, 181 Tenn. 613, 184 S.W.2d 1; O'Dell v. City of Knoxville, 54 Tenn.App. 59, 388 S.W.2d 150 (1964); Howard and Von Drake v. State, 143 Tenn. 539, 227 S.W. 36; Dyke v. Taylor Implement Mfg. Co., 391 U.S. 216, 88 S.Ct. 1472, 20 L.Ed.2d 538 (1968); and Taylor Implement Mfg. Co. v. United Steelworkers, 219 Tenn. 472, 410 S.W.2d 881 (1966).
The issues are resolved in favor of the Appellee. The judgment of the trial court is affirmed and the cost of this appeal is taxed to the Appellant.
PARROTT, P. J., (E.S.), and FRANKS, J., concur.
To continue reading
Request your trial
-
City of Chattanooga v. Myers
...On appeal to the Criminal Court of Hamilton County, 1 he demanded a jury trial. Relying on the decision of City of Gatlinburg v. Goans, 600 S.W.2d 735 (Tenn. Ct.App.1980), the trial court denied a trial by jury but granted defendant's request for an interlocutory appeal under Rule 9, T.R.A.......
-
City of Jackson v. Bledsoe
...matter of right, entitled to a trial by jury under the provisions of either the state or the federal constitution. City of Gatlinburg v. Goans, 600 S.W.2d 735 (Tenn.App.1980), and cases cited Even if appellant were constitutionally entitled to a trial by jury, his assertions that he was den......