State of Tennessee v. Austin Drummond

This matter is before the Court upon the Defendant’s application for an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. The Defendant seeks review of the trial court’s order transferring the Defendant to the custody of the Tennessee Department of Correction (TDOC) for safekeeping prior to trial. The Defendant argues that the trial court lacked statutory authorization to transfer a pretrial detainee to TDOC custody or, alternatively, that the facts of this case do not support such a transfer. The State has filed a response in opposition, arguing that the trial court has not so far departed from the accepted and usual course of judicial proceedings as to require immediate review. We conclude that extraordinary review is “necessary for complete determination of the action on appeal.” Tenn. R. App. P. 10(a)(2). Therefore, we hereby GRANT the Defendant’s application for extraordinary appeal. However, further briefing and argument are not required. See Tenn. R. App. P. 10(d). For the reasons set forth below, we AFFIRM the judgment of the trial court.