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State v. Johnny Tillery

Citation: Not availableDocket: 01C01-9506-CC-00182

Court: Court of Criminal Appeals of Tennessee; March 29, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of Johnny Wayne Tillery, the Court of Criminal Appeals of Tennessee addressed the appeal regarding the charge of possession of cocaine with intent to sell. The court affirmed the lower court's decision, with Judge Gary R. Wade concurring. He referenced the Tennessee Supreme Court's ruling in State v. Jones, which emphasizes the need to redact prejudicial statements made by non-testifying parties unless they meet specific admissibility criteria. In this case, the statements made by a witness, Brooks, were deemed non-prejudicial as they provided assurances about his own responsibility and suggested that Tillery should not be held accountable. Thus, the absence of prejudice negated any claims of error in admitting the statements into evidence.

Legal Issues Addressed

Admissibility of Statements by Non-Testifying Parties

Application: The court considered the admissibility of statements made by a witness, Brooks, and found them non-prejudicial, thereby negating claims of error.

Reasoning: He referenced the Tennessee Supreme Court's ruling in State v. Jones, which emphasizes the need to redact prejudicial statements made by non-testifying parties unless they meet specific admissibility criteria.

Non-Prejudicial Statements in Criminal Proceedings

Application: The statements by Brooks were deemed non-prejudicial because they suggested that Tillery should not be held accountable, thus supporting the decision to admit them into evidence.

Reasoning: In this case, the statements made by a witness, Brooks, were deemed non-prejudicial as they provided assurances about his own responsibility and suggested that Tillery should not be held accountable.

Possession of Cocaine with Intent to Sell

Application: The court affirmed the lower court's decision on the charge of possession of cocaine with intent to sell against Johnny Wayne Tillery.

Reasoning: In the case of Johnny Wayne Tillery, the Court of Criminal Appeals of Tennessee addressed the appeal regarding the charge of possession of cocaine with intent to sell.