published Tuesday, October 9th, 2012

Basil Marceaux's charges dismissed in confusing appeal

Basil Marceaux, right, looks at Assistant City Attorney Kenneth Fritz while talking to Judge Rebecca Stern in her courtroom Monday afternoon.
Basil Marceaux, right, looks at Assistant City Attorney Kenneth Fritz while talking to Judge Rebecca Stern in her courtroom Monday afternoon.
Photo by Angela Lewis /Chattanooga Times Free Press.
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A Criminal Court judge ended a local man's unorthodox appeal of minor traffic offenses with four words Monday -- "The case is dismissed."

But that's not what Basil Marceaux wanted to hear.

"I don't want it to be dismissed," Marceaux told the judge.

But Criminal Court Judge Rebecca Stern dismissed charges of failure to maintain lane and financial responsibility stemming from Chattanooga City Court traffic citations.

Marceaux, 60, had appealed those charges, claiming that his citations should have been sent to Hamilton County Circuit Court.

He said after the hearing that he has tried to use those charges to challenge the rulings of General Sessions and Criminal courts on appeals from City Court, claiming that those courts do not have jurisdiction in City Court appeals.

He added that he will continue his quest with other charges pending indictment in the grand jury.

Marceaux appealed his question on the $50 fines to the Court of Criminal Appeals before they were resolved in the local court, the criminal court denied his multiple appeals, but in one case documents show they transferred the case to the Circuit Court of Appeals.

The charge reached Criminal Court in January and in April, Marceaux was sent ordered to serve 10 days in the workhouse for deriding Stern in court during a hearing on the charges.

Marceaux made a national television appearance on ABC's "Jimmy Kimmel Live!" show while running for Tennessee governor in 2010.

Contact staff writer Todd South at tsouth@timesfreepress.com or 423-757-6347.

about Todd South...

Todd South covers courts, poverty, technology, military and veterans for the Times Free Press. He has worked at the paper since 2008 and previously covered crime and safety in Southeast Tennessee and North Georgia. Todd’s hometown is Dodge City, Kan. He served five years in the U.S. Marine Corps and deployed to Iraq before returning to school for his journalism degree from the University of Georgia. Todd previously worked at the Anniston (Ala.) Star. Contact ...

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