State of Tennessee v. Marquis Dashawn Hendricks - dissenting opinion

Court of Criminal Appeals of Tennessee

State of Tennessee v. Marquis Dashawn Hendricks - dissenting opinion

Court of Criminal Appeals of Tennessee·Decided April 3, 2014·No. E2013-00346-CCA-R3-CD·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE November 19, 2013

STATE OF TENNESSEE v. MARQUIS DASHAWN HENDRICKS

Appeal from the Criminal Court for Knox County No. 96532 Jon Kerry Blackwood, Judge

No. E2013-00346-CCA-R3-CD - Filed April 3, 2014

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

Respectfully, the facts of this case in the light most favorable to the State do not establish the first degree murder element of premeditation. The evidence does establish a knowing killing, and so I would impose a conviction of second degree murder and would remand for sentencing.

___________________________________ JAMES CURWOOD WITT, JR., JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE November 19, 2013

STATE OF TENNESSEE v. MARQUIS DASHAWN HENDRICKS

Appeal from the Criminal Court for Knox County No. 96532 Jon Kerry Blackwood, Judge

No. E2013-00346-CCA-R3-CD - Filed April 3, 2014

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

Respectfully, the facts of this case in the light most favorable to the State do not establish the first degree murder element of premeditation. The evidence does establish a knowing killing, and so I would impose a conviction of second degree murder and would remand for sentencing.

___________________________________ JAMES CURWOOD WITT, JR., JUDGE

State of Tennessee v. Marquis Dashawn Hendricks - dissenting opinion, (Tenn. Ct. App. 2014).

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