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State v. John Clark
Citation: Not availableDocket: 02C01-9707-CC-00277
Court: Court of Criminal Appeals of Tennessee; November 30, 2010; Tennessee; State Appellate Court
Original Court Document: View Document
The Court of Criminal Appeals addressed a case involving John Edward Clark, the appellant, charged with attempted aggravated robbery and vandalism. The court concurred with Judge Witt's opinion, emphasizing its responsibility to assess jurisdiction over the subject matter, even if not raised in the appeal. The court deemed the indictment void due to its significant flaws, notably its failure to name a victim and merely stating a legal conclusion of an attempted crime. This issue was first brought up during the trial when defense counsel, having received the indictment shortly before, moved to dismiss it based on its insufficiencies. The trial court, frustrated by the defense's late challenge, overruled the motion. The court noted that had the defect been identified pretrial, considerable time and resources could have been saved. The opinion underscores the necessity for all parties—trial courts, prosecutors, and defense counsel—to ensure indictments are properly drafted, referencing the Tennessee Supreme Court’s decisions in Hill and Ruff to support its conclusion.