State of Tennessee v. Alorra D. Puckett - Dissenting

Court of Criminal Appeals of Tennessee

State of Tennessee v. Alorra D. Puckett - Dissenting

CourtCourt of Criminal Appeals of Tennessee

DecidedJuly 9, 2003

DocketE2002-01959-CCA-R3-CD

StatusPublished

This text of State of Tennessee v. Alorra D. Puckett - Dissenting (State of Tennessee v. Alorra D. Puckett - Dissenting) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State of Tennessee v. Alorra D. Puckett - Dissenting, (Tenn. Ct. App. 2003).

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Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 21, 2003

STATE OF TENNESSEE v. ALORRA D. PUCKETT

Direct Appeal from the Criminal Court for Hamilton County No. 238682 Douglas A. Meyer, Judge

No. E2002-01959-CCA-R3-CD July 9, 2003

JOE G. RILEY, J., dissenting.

Although the issue is indeed close, I believe the stop was lawful. The officer observed three driving irregularities on a straight highway within a relatively short period of time, one of which occurred prior to activation of the videotape. Thus, I believe the facts here are distinguishable from the cases relied upon by the majority and are more similar to State v. Gary S. Greve, No. E2002- 00999-CCA-R3-CD, 2003 Tenn. Crim. App. LEXIS 255 (Tenn. Crim. App. Mar. 27, 2003, at Knoxville), in which we upheld the stop.

JOE G. RILEY, JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 21, 2003

STATE OF TENNESSEE v. ALORRA D. PUCKETT

Direct Appeal from the Criminal Court for Hamilton County No. 238682 Douglas A. Meyer, Judge

No. E2002-01959-CCA-R3-CD July 9, 2003

JOE G. RILEY, J., dissenting.

Although the issue is indeed close, I believe the stop was lawful. The officer observed three driving irregularities on a straight highway within a relatively short period of time, one of which occurred prior to activation of the videotape. Thus, I believe the facts here are distinguishable from the cases relied upon by the majority and are more similar to State v. Gary S. Greve, No. E2002- 00999-CCA-R3-CD, 2003 Tenn. Crim. App. LEXIS 255 (Tenn. Crim. App. Mar. 27, 2003, at Knoxville), in which we upheld the stop.

JOE G. RILEY, JUDGE

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