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State of Tennessee v. Tyshon Booker (Dissent)

Case Number: E2018-01439-SC-R11-CD
I respectfully dissent from the result reached by a majority of the Court today. Quite
frankly, I find the policy adopted as a result of the plurality opinion of Justice Lee and the
concurring opinion of Justice Kirby to be sound. However, it is just that. It is a policy
decision by which the majority today has pushed aside appropriate confines of judicial
restraint and applied an evolving standards of decency/independent judgment analysis that
impermissibly moves the Court into an area reserved to the legislative branch under the
United States and Tennessee Constitutions.
Authoring Judge: Justice Jeffrey S. Bivins (C.J. Page, joins)
Originating Judge: Judge G. Scott Green
Case Name: State of Tennessee v. Tyshon Booker (Dissent)
Date Filed:
Dissent: This is a dissent
Download PDF Version: dissenting_separate_opinion_j.bivins.pdf209.61 KB