State of Tennessee v. Deandre Blake - Concurring

Case Number
W2010-00468-CCA-R3-CD

I concur with the conclusion in the majority opinion that sufficient evidence supports the conviction in count one. I also concur with the majority’s conclusion that the evidence is sufficient to support the conviction in count two and agree that the two felony murder convictions should have been merged into a single judgment. I write separately, however, to address a conflict between the language in the first degree murder statute and the language of the child abuse and child neglect statutes that the majority does not mention. I also note that the trial court erred by giving an incomplete instruction for count two, murder in the perpetration of aggravated child neglect, although I conclude that the error was harmless beyond a reasonable doubt.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge John T. Fowlkes Jr.
Case Name
State of Tennessee v. Deandre Blake - Concurring
Date Filed
Dissent or Concur
No
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