State of Tennessee v. Gavin Allen Clark (Concurring in part/Dissenting in part)

While I agree with the lion’s share of the majority opinion’s meticulous review of the issues presented by Defendant on appeal, there are a couple of distinct issues on which I disagree: whether the trial court erred in failing to act or serve as the thirteenth juror; and the proper remedy for retrial of offenses, based upon an ambiguous verdict. For the reasons set forth below, I find that the trial court satisfied its role as the thirteenth juror. Furthermore, on retrial, I conclude that the State can proceed on the original charges of felony murder (counts 1 and 2), aggravated child abuse (count three), and aggravated child neglect (count four). Accordingly, I respectfully dissent in part from the majority opinion on these issues.