State of Tennessee v. Christopher Wilson-Concurring

• Court: Court of Criminal Appeals of Tennessee
• Decided: May 24, 2017
• Docket: W2015-00699-CCA-R9-CD
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 9, 2015 Remanded by the Supreme Court November 22, 2016

STATE OF TENNESSEE v. CHRISTOPHER WILSON

Appeal from the Criminal Court for Shelby County No. 1400109 W. Mark Ward, Judge

No. W2015-00699-CCA-R9-CD - Filed May 24, 2017 _____________________________

THOMAS T. WOODALL, P.J., concurring in results only.

My general disdain for the so-called “good faith exception” is fully set forth in my concurring opinion the first time that this case was before this panel. State v. Christopher Wilson, W2015-00699-CCA-R9-CD, 2016 WL 1627145, at *1 (Tenn. Crim. App., at Jackson, April 21, 2016) (Woodall, P.J., concurring opinion). In light of our supreme court’s embracing of the “good faith exception” in State v. Reynolds, 504 S.W.3d 283 (Tenn. 2016), there is no need to repeat my firm belief that the “good faith exception” should never be recognized in Tennessee. As a judge of an intermediate court, I am required to follow specific precedent of a higher court, in this case, the Tennessee Supreme Court. State v. Irick, 906 S.W.2d 440, 443 (Tenn. 1995). I fully accept the principle of law that requires me to follow controlling legal authority even when I do not agree. With all due respect, I concur in results only.

____________________________________________ THOMAS T. WOODALL, PRESIDING JUDGE