Appeals court disagrees with judge shopping ruling
CHATTANOOGA (AP) - A Tennessee appeals court has reinstated an indictment in a drunken boating case, saying the defendant's rights were not violated by judge shopping in Chattanooga.
The Court of Criminal Appeals this week reinstated an indictment for boating under the influence against Gary Wayne McCullough.
Defense attorney Jerry Summers told the Chattanooga Times Free Press he plans to appeal to the Tennessee Supreme Court.
Special Judge Jon Kerry Blackwood previously ruled that the Tennessee Wildlife Resources Agency had steered McCullough's case and others to Hamilton County General Sessions Court Judges Bob Moon and David Bales to gain an advantage in the outcomes.
Blackwood sent the case back to a lower court for a new preliminary hearing.
The appeals court disagreed with Summers' contention that the charges should be dismissed.