Case Number
E2005-01925-CCA-R9-CD
I agree that principles of double jeopardy would be offended upon the defendant’s retrial for second degree murder because the record does not support the trial court’s finding of manifest necessity and because the defendant, ostensibly at least, did not consent to the order of mistrial. I write this concurring opinion because this latter issue – the defendant’s lack of consent – gave me great pause.
Originating Judge
Judge Mary Beth Leibowitz
Case Name
State of Tennessee v. Charlotte Stephens - Concurring
Date Filed
Dissent or Concur
No
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