State of Tennessee v. Randy Bernard Braswell - Concurring

Court of Criminal Appeals of Tennessee

State of Tennessee v. Randy Bernard Braswell - Concurring

Court of Criminal Appeals of Tennessee·Decided December 14, 2009·No. E2008-01392-CCA-R3-CD·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 25, 2009

STATE OF TENNESSEE v. RANDY BERNARD BRASWELL

Appeal from the Criminal Court for Hamilton County No. 241518 Jon Kerry Blackwood, Senior Judge

No. E2008-01392-CCA-R3-CD - Filed December 14, 2009

JAMES CURWOOD WITT, JR., J., concurring.

I concur in the majority opinion but write separately to express the views (1) that the statutes proscribing child abuse and child neglect are needlessly complex and (2) that our controlling case law does not invite helpful application of the child abuse statute by applying the “knowing” scienter to “treating a child in an abusive manner.” (Emphasis added.)

___________________________________ JAMES CURWOOD WITT, JR., 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 KNOXVILLE Assigned on Briefs March 25, 2009

STATE OF TENNESSEE v. RANDY BERNARD BRASWELL

Appeal from the Criminal Court for Hamilton County No. 241518 Jon Kerry Blackwood, Senior Judge

No. E2008-01392-CCA-R3-CD - Filed December 14, 2009

JAMES CURWOOD WITT, JR., J., concurring.

I concur in the majority opinion but write separately to express the views (1) that the statutes proscribing child abuse and child neglect are needlessly complex and (2) that our controlling case law does not invite helpful application of the child abuse statute by applying the “knowing” scienter to “treating a child in an abusive manner.” (Emphasis added.)

___________________________________ JAMES CURWOOD WITT, JR., JUDGE

State of Tennessee v. Randy Bernard Braswell - Concurring, (Tenn. Ct. App. 2009).

Pincite

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