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

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON

April 14, 2015 Session

STATE OF TENNESSEE v. JEREMY SIMS and SHERRY BROOKSHIRE

Appeal from the Criminal Court for Shelby County No. 1106350 James C. Beasley, Jr., Judge

No. W2013-01253-CCA-R3-CD - Filed September 25, 2015

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

I respectfully concur in results only. I do so because the majority opinion, in the section discussing Defendant Sims’ severance issue, fails to address the admissibility of Defendant Sims’ unredacted statement pursuant to the “rule of completeness.” Tenn. R. Evid. 106. As noted in the majority opinion, the trial court considered the rule of completeness in its decision to admit the evidence. The majority opinion, in my view, implies that Defendant Sims’ unredacted statement was inadmissible under any circumstances in this particular case.

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THOMAS T. WOODALL, PRESIDING JUDGE

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