State of Tennessee v. Jessica Birkhead

Case Number
E2011-01001-CCA-R3-CD

Appellant, Jessica Birkhead, appeals under Tennessee Rule of Appellate Procedure 3 after the trial court’s grant of judicial diversion on a charge of vandalism under $500. On appeal
Appellant asks this Court to determine: (1) whether the evidence was sufficient; (2) whether the trial court improperly considered irrelevant evidence; (3) whether the trial court improperly excluded responses to requests for admissions in a related civil suit; and (4) whether the trial court should have remanded the matter for a preliminary hearing because there was no transcript or recording of the hearing. We determine that no final judgment of conviction exists that would entitle Appellant to an appeal pursuant to Tennessee Rule of Appellate Procedure 3 and that Appellant has not presented a compelling case for the grant of an extraordinary appeal under Tennessee Rule of Appellate Procedure 10. Accordingly, Appellant’s appeal is dismissed.

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge Rebecca J. Stern
Case Name
State of Tennessee v. Jessica Birkhead
Date Filed
Dissent or Concur
No
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