The defendant, Derwood Scott Kendrick, was on probation for several convictions of attempted misapplication of contract funds and one (1) conviction of illegal voting. While on probation, the defendant was arrested for theft, misapplication of contract funds and passing worthless checks. The trial court held a probation revocation hearing. At the conclusion of the hearing, the trial court revoked the defendant's probation. The defendant appealed this revocation on the grounds that: (1) the trial court erred in refusing to divest the media privilege for a news reporter and (2) there was insufficient evidence for the trial court to revoke his probation. We have analyzed the issues and find that the trial court did not err in refusing to divest the media privilege. However, we also find that the evidence does not support the revocation of the defendant's probation. We affirm in part and reverse in part the decision of the trial court, and remand for further proceedings in accordance with this opinion.
Case Number
E2004-02260-CCA-R3-CD
Originating Judge
Judge Jerry L. Smith
Case Name
State of Tennessee v. Derwood Scott Kendrick
Date Filed
Dissent or Concur
No
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