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Decision In State v. Donald Ray Smith, No. 02C01-9805-Cc-00151 (Tenn. Crim.

Citation: Not availableDocket: 03C01-9904-CC-00167

Court: Court of Criminal Appeals of Tennessee; February 15, 2000; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Criminal Appeals of Tennessee, in a decision filed on October 16, 2000, addressed the appeal of Emit Keith Cody, convicted of first-degree murder. Judge David G. Hayes issued a separate concurring opinion acknowledging his prior involvement in a similar case, State v. Donald Ray Smith, which resulted in a conviction reversal and indictment dismissal. However, following the Tennessee Supreme Court’s Rule 11 grant and a detailed analysis by Judge Welles on the procedural issues presented, Hayes reassessed his earlier stance, concluding that the precedent does not prevent retrial due to double jeopardy. He cited relevant case law, specifically Lockhart v. Nelson and State v. Longstreet, to support this conclusion. Ultimately, he aligned with the majority opinion on the matter.

Legal Issues Addressed

Double Jeopardy and Retrial

Application: The court concluded that the precedent does not prevent retrial due to double jeopardy, aligning with the majority opinion despite previous case conclusions.

Reasoning: Hayes reassessed his earlier stance, concluding that the precedent does not prevent retrial due to double jeopardy.

Impact of Tennessee Supreme Court’s Rule 11

Application: The Tennessee Supreme Court’s Rule 11 grant influenced the reassessment of procedural issues, impacting the court's decision-making process.

Reasoning: However, following the Tennessee Supreme Court’s Rule 11 grant and a detailed analysis by Judge Welles on the procedural issues presented, Hayes reassessed his earlier stance.

Precedential Analysis and Judicial Reassessment

Application: Judge Hayes reconsidered his previous opinion from a similar case due to procedural analysis and relevant case law, demonstrating the court's approach to precedential reassessment.

Reasoning: Judge David G. Hayes issued a separate concurring opinion acknowledging his prior involvement in a similar case, State v. Donald Ray Smith, which resulted in a conviction reversal and indictment dismissal.

Use of Case Law in Judicial Opinions

Application: Judge Hayes cited Lockhart v. Nelson and State v. Longstreet to support his conclusion on the retrial issue, illustrating the application of case law in forming judicial opinions.

Reasoning: He cited relevant case law, specifically Lockhart v. Nelson and State v. Longstreet, to support this conclusion.