State of Tennessee v. Frederick Herron-Dissenting

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON June 4, 2013 Session

STATE OF TENNESSEE v. FREDERICK HERRON

Appeal from the Criminal Court for Shelby County No. 11-04122 Carolyn Wade Blackett, Judge

No. W2012-01195-CCA-R3-CD - Filed January 17, 2014

J AMES C URWOOD W ITT, J R., J., dissenting.

As the majority says, this appeal presents a close case. After much consideration, I respectfully conclude that one error requires a reversal and a new trial.

The error is the Rule 609 issue. The majority concludes that the defendant loses on this issue because he did not proffer his testimony. Actually, I thought the majority presented a solid case for holding that a proffer was unnecessary. In a case presenting strong overtones of a “he said, she said” controversy, the trial court’s improper influencing the defendant to avoid testifying was especially egregious. As such, I conclude that the error requires reversal and a new trial.

___________________________________ JAMES CURWOOD WITT, JR., JUDGE