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Emergency appeals filed by District Attorney in multiple violent offender cases, records show

From Fox13

Emergency appeals filed by District Attorney in multiple violent offender cases, records show

MEMPHIS, Tenn. - Another violent offender released on his own recognizance is sparking debate.

On Tuesday, Shelby County General Sessions Judge Bill Anderson released Christopher Smith to the VA hospital for a mental evaluation, according to the District Attorney's office.

Hours later, District Attorney Steve Mulroy announced he plans to file multiple writs of certiorari, or emergency appeals, in Smith's case as well as other recent releases by Judge Anderson. "I strongly disagree with that decision, we are appealing that decision," Mulroy told FOX13 on Tuesday.

A writ of certiorari is not a common occurrence. "I was on the bench 16 years and I never had to deal with a petition of writ of certiorari," retired Shelby County Judge Jim Lammey told FOX13.

He said although it's rare, it's necessary in some cases. "The judge in question, I think it's problematic that he has voiced his dislike for bonding companies so much, couple that with the fact that the magistrate made recommendations saying that these people are a danger to society recommended a bond and had to come back and then recommending ROR was problematic," said Lammey.

It is not the first time Mulroy's office has filed a writ after Judge Anderson released a defendant on ROR.

In August, the release of Detawn Gunn was bumped to a criminal court judge and Criminal Court Judge Jennifer Mitchell granted the motion.

Another document was filed this week for Tyreese Earnest, the alleged shooter in an ambush against FedEx co-workers. That document, filed Wednesday, said considerations of public safety were not taken into consideration by the court.

It goes on to say, "The Court indicated that the court was "scared to death" that the Defendant would reoffend and hurt someone but that the Court was "willing to take a chance"."

Mulroy also said he plans to file one for Smith.

Lammey said an appeal is always an option. "There's basically nothing in general Sessions that can't be corrected by the criminal court. So it would be incumbent upon whichever party is seeking the writ to do it quickly."

State Sen. Brent Taylor (R-Shelby County) told FOX13 he plans to file a complaint against Judge Anderson to the state's Board of Judicial Conduct. With a second complaint in the same term, the General Assembly could choose to remove him from the bench.

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