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State of Tennessee v. Jeremy Sims and Sherry Brookshire-Concurring

Citation: Not availableDocket: W2013-01253-CCA-R3-CD

Court: Court of Criminal Appeals of Tennessee; September 25, 2015; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Criminal Appeals of Tennessee addressed the case of State of Tennessee v. Jeremy Sims and Sherry Brookshire, originating from the Shelby County Criminal Court. The appeal, numbered W2013-01253-CCA-R3-CD, was filed on September 25, 2015, following proceedings that took place on April 14, 2015. Judge Thomas T. Woodall concurred in the results of the majority opinion but expressed concerns regarding the treatment of Defendant Sims’ severance issue. He highlighted that the majority opinion did not adequately consider the admissibility of Sims’ unredacted statement under the "rule of completeness" as outlined in Tennessee Rule of Evidence 106. While the trial court did evaluate this rule when deciding to admit the evidence, Judge Woodall suggested that the implication of the majority opinion was that Sims’ unredacted statement was categorically inadmissible, which he disagreed with.

Legal Issues Addressed

Admissibility of Evidence under Tennessee Rule of Evidence 106

Application: The court examined the admissibility of Sims’ unredacted statement under the 'rule of completeness,' emphasizing that it should be considered in entirety to provide context.

Reasoning: He highlighted that the majority opinion did not adequately consider the admissibility of Sims’ unredacted statement under the 'rule of completeness' as outlined in Tennessee Rule of Evidence 106.

Severance of Defendants in Criminal Proceedings

Application: The issue of severance was raised concerning Defendant Sims, with particular attention to whether the trial court appropriately considered the admissibility of his unredacted statement.

Reasoning: Judge Thomas T. Woodall concurred in the results of the majority opinion but expressed concerns regarding the treatment of Defendant Sims’ severance issue.