State of Tennessee v. John Edward Dawson

Case Number
E2009-02469-CCA-R3-CD

As part of a global plea agreement disposing of charges in four cases from two separate counties, the defendant, John Edward Dawson, entered pleas of guilty to three counts of theft of property valued at $1,000 or more but less than $10,000; one count of burglary; one count of vandalism of property valued at $1,000 or more but less than $10,000; two counts of the sale of less than .5 grams of cocaine; and two counts of the sale of a Schedule III controlled substance in exchange for a total effective sentence of eight years’ incarceration to be served concurrently with a previously imposed federal sentence. The defendant also reserved for our review the following certified question of law: “Whether there was sufficient proof of an interference by State authorities of the defendant’s right to counsel and a showing of prejudice as a matter of law from the allegations presented at the hearing on the Motion to Dismiss that letters allegedly drafted by a detective from the Monroe County Sheriff’s Department and contact directly with a Monroe County detective convinced defendant he was represented by other counsel and should not communicate with appointed counsel and thus interfered with defendant’s constitutionally protected right to counsel and due process under both the United States and Tennessee Constitutions.” Because the egregious actions of the law enforcement officers in this case substantially and profoundly interfered with the defendant’s right to counsel under the state and federal constitutions, we reverse the judgment of the trial court denying the motion to dismiss, vacate the defendant’s guilty pleas, and dismiss the indictment in each of the four cases.

Authoring Judge
Judge James Curwood Witt, Jr.
Originating Judge
Judge Amy Reedy
Case Name
State of Tennessee v. John Edward Dawson
Date Filed
Dissent or Concur
No
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