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State of Tennessee v. Rosie Lee Wooten
Citation: Not availableDocket: 01C01-9410-CC-00340
Court: Court of Criminal Appeals of Tennessee; July 23, 1997; Tennessee; State Appellate Court
Original Court Document: View Document
The dissenting opinion in the case of Rosie Lee Wooten versus the State of Tennessee advocates for granting probation rather than incarceration for the appellant, who has been convicted of voluntary manslaughter. The opinion emphasizes several critical points: 1. **Background**: Wooten and the victim shared a tumultuous twelve-year relationship marked by excessive drinking and violence. The incident leading to the manslaughter conviction involved Wooten stabbing the victim after he returned home intoxicated, threatened her, and became physically aggressive. 2. **Age and Health**: Wooten is currently 81 years old and suffers from multiple severe health issues, including primary degenerative dementia (Alzheimer’s type), depression, and complications from alcoholism. 3. **Dependence and Care**: She is entirely dependent on her daughter for care, indicating her vulnerability and need for support. 4. **Lack of Criminal History**: Wooten has no prior criminal record, suggesting that the current offense may have been an aberration rather than indicative of a pattern of criminal behavior. 5. **Incarceration Impact**: The dissenting judge argues that incarceration would serve no public purpose, as principles of deterrence and rehabilitation do not apply in this case. Wooten's mental state raises doubts about her awareness of imprisonment. 6. **Recommendation for Probation**: Given the extraordinary circumstances, including her health and lack of criminal history, the dissenting opinion concludes that probation is the most suitable course of action. The judge, David G. Hayes, expresses a firm belief that the unique factors surrounding Wooten's situation warrant leniency rather than punitive measures.