State of Tennessee v. James Allen Jenkins - concurring in part, dissenting in part

I agree with the majority’s conclusion that the Defendant-Appellant is not entitled to relief from his convictions. However, I write separately to address the admission of evidence during Tennessee Bureau of Investigation (TBI) Agent Michael Turbyville’s testimony related to CODIS and DNA profiles contained in CODIS. I conclude that the evidence was not hearsay because it was not offered to establish the presence of the Defendant-Appellant’s DNA on the cigarette butt found at the scene. Agent Turbyville’s testimony, in addition to other witness testimony, regarding CODIS and DNA profiles was offered to explain why the investigating officers obtained a sample of the Defendant- Appellant’s DNA, which, upon analysis by Agent Turbyville, matched the DNA profile on the cigarette butt.