State of Tennessee v. Jeffrey D. Allen - Dissenting

Court of Criminal Appeals of Tennessee

State of Tennessee v. Jeffrey D. Allen - Dissenting

Court of Criminal Appeals of Tennessee·Decided August 17, 2009·No. W2008-01348-CCA-R3-CD·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON March 3, 2009 Session

STATE OF TENNESSEE v. JEFFREY D. ALLEN

Direct Appeal from the Circuit Court for Crockett County No. 3704 Clayburn Peeples, Judge

No. W2008-01348-CCA-R3-CD - Filed August 17, 2009

CAMILLE R. MCMULLEN , J., dissenting.

I respectfully dissent from the conclusion of the majority that upholds the determination of the trial court that the defendant’s May 11, 2005, statement was admissible. While I recognize the difficulty of securing an attorney qualified to represent the defendant in this first degree felony murder case, I believe that the nearly two-month gap between his arrest and his confession to the offenses compels our concluding that the confession was inadmissible.

As to the other issues raised by the defendant on appeal, I concur with the majority opinion.

_________________________________________ CAMILLE R. McMULLEN, JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON March 3, 2009 Session

STATE OF TENNESSEE v. JEFFREY D. ALLEN

Direct Appeal from the Circuit Court for Crockett County No. 3704 Clayburn Peeples, Judge

No. W2008-01348-CCA-R3-CD - Filed August 17, 2009

CAMILLE R. MCMULLEN , J., dissenting.

I respectfully dissent from the conclusion of the majority that upholds the determination of the trial court that the defendant’s May 11, 2005, statement was admissible. While I recognize the difficulty of securing an attorney qualified to represent the defendant in this first degree felony murder case, I believe that the nearly two-month gap between his arrest and his confession to the offenses compels our concluding that the confession was inadmissible.

As to the other issues raised by the defendant on appeal, I concur with the majority opinion.

_________________________________________ CAMILLE R. McMULLEN, JUDGE

State of Tennessee v. Jeffrey D. Allen - Dissenting, (Tenn. Ct. App. 2009).

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