Post by pavel on May 13, 2016 6:58:20 GMT -6
A Nashville judge says a "cavalier attitude" and another judge's limited work schedule left one man languishing in jail for weeks longer than necessary.
Criminal Court Judge Mark Fishburn on Wednesday ordered the man, Richard Atchley, released from jail pending trial. Fishburn in two stern orders issued this week found no good reason why Presiding General Sessions Judge Rachel Bell could not hear Atchley's case until 24 days after his arrest.
"Whatever the reason for the inordinate delay, it was not brought on by the actions of the defendant, but he is the one who is unduly suffering the consequences of not having his timely day in court," Fishburn's Wednesday order reads.
The crux of the ruling is a state court guideline that directs — but does not require — that preliminary hearings be held within 10 days of an arrest, if someone is in custody. A defense lawyer challenged how Bell handled the case, appealing to Fishburn.
Read more: www.tennessean.com/story/news/crime/2016/05/12/judge-nashville-judge-left-man-jail-too-long/84237754/
Criminal Court Judge Mark Fishburn on Wednesday ordered the man, Richard Atchley, released from jail pending trial. Fishburn in two stern orders issued this week found no good reason why Presiding General Sessions Judge Rachel Bell could not hear Atchley's case until 24 days after his arrest.
"Whatever the reason for the inordinate delay, it was not brought on by the actions of the defendant, but he is the one who is unduly suffering the consequences of not having his timely day in court," Fishburn's Wednesday order reads.
The crux of the ruling is a state court guideline that directs — but does not require — that preliminary hearings be held within 10 days of an arrest, if someone is in custody. A defense lawyer challenged how Bell handled the case, appealing to Fishburn.
Read more: www.tennessean.com/story/news/crime/2016/05/12/judge-nashville-judge-left-man-jail-too-long/84237754/