On Wednesday, November 20, 2024, FOX13 reported that the Shelby County District Attorney’s office filed emergency appeals in response to multiple recent decisions made by General Sessions Judge Bill Anderson, particularly concerning the release of violent offenders. The case of Christopher Smith, who was released on his own recognizance (ROR) for a mental evaluation at a VA hospital, has sparked significant controversy.
District Attorney Steve Mulroy expressed strong discontent with Judge Anderson’s ruling, stating his intention to file writs of certiorari to contest the decision. A writ of certiorari is a legal instrument that allows a higher court to review the decision of a lower court, and such filings are considered rare in the legal system. Retired Shelby County Judge Jim Lammey noted that during his 16 years on the bench, he never encountered a writ of certiorari, indicating the unusual nature of this situation.
Lammey commented on the implications of Judge Anderson’s approach, suggesting that his expressed disdain for bonding companies could influence his decisions. He highlighted concerns raised by magistrates, who previously recommended that certain defendants be held on bond due to their potential danger to the public, only to see those recommendations overridden by ROR decisions.
This is not the first instance where Mulroy’s office has sought to contest Judge Anderson’s rulings. In August, the release of a defendant, Detawn Gunn, was escalated to a criminal court, where Judge Jennifer Mitchell ultimately granted the motion for reevaluation.
Additionally, the District Attorney’s office has filed a document related to Tyreese Earnest, accused of an ambush shooting involving FedEx employees. The filing criticized the court for allegedly neglecting public safety considerations, noting that the judge expressed fears of potential reoffending but still decided to take the risk of release.
Lammey affirmed that appeals are possible and that any errors made in General Sessions can typically be addressed in criminal court. He emphasized the urgency for any party seeking a writ to act promptly.
In light of these developments, State Senator Brent Taylor (R-Shelby County) announced plans to file a formal complaint against Judge Anderson with the state’s Board of Judicial Conduct. Should this be the second complaint against the judge within the same term, it could lead to potential removal from the bench by the General Assembly.
Source: FOX13
