State of Tennessee v. Jody Lane Orr - Concurring

Court of Criminal Appeals of Tennessee

State of Tennessee v. Jody Lane Orr - Concurring

Court of Criminal Appeals of Tennessee·Decided November 27, 2002·No. W2001-02075-CCA-R3-CD·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON September 10, 2002 Session

STATE OF TENNESSEE v. JODY LANE ORR

Appeal from the Circuit Court for Carroll County No. 01cr-1636 C. Creed McGinley, Judge

No. W2001-02075-CCA-R3-CD - Filed November 27, 2002

JOSEPH M. TIPTON, J., concurring.

I concur with most of the majority opinion. I respectfully disagree with its conclusion that enhancement factor (5), regarding exceptional cruelty, does not apply. I believe that being duct taped, blindfolded, tied up, and made to wear a New Year’s party hat reflect mental abuse and degradation that goes above and beyond that inherently necessary for any aggravated rape. Although I do not believe that the weight of the two enhancement factors applied by the majority opinion should result in a maximum sentence of twenty-five years, I conclude that the sentence is appropriate because of the application of enhancement factor (5), as well.

____________________________________ JOSEPH M. TIPTON, JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON September 10, 2002 Session

STATE OF TENNESSEE v. JODY LANE ORR

Appeal from the Circuit Court for Carroll County No. 01cr-1636 C. Creed McGinley, Judge

No. W2001-02075-CCA-R3-CD - Filed November 27, 2002

JOSEPH M. TIPTON, J., concurring.

I concur with most of the majority opinion. I respectfully disagree with its conclusion that enhancement factor (5), regarding exceptional cruelty, does not apply. I believe that being duct taped, blindfolded, tied up, and made to wear a New Year’s party hat reflect mental abuse and degradation that goes above and beyond that inherently necessary for any aggravated rape. Although I do not believe that the weight of the two enhancement factors applied by the majority opinion should result in a maximum sentence of twenty-five years, I conclude that the sentence is appropriate because of the application of enhancement factor (5), as well.

____________________________________ JOSEPH M. TIPTON, JUDGE

State of Tennessee v. Jody Lane Orr - Concurring, (Tenn. Ct. App. 2002).

Pincite

State of Tennessee v. Jody Lane Orr - Concurring (State of Tennessee v. Jody Lane Orr - Concurring) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.