State v. David L. Hathaway

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED FEBRUARY 1998 SESSION July 2, 1998

Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE ) ) NO. 01C01-9703-CR-00094 Appellee ) ) PICKETT COUNTY v. ) ) HON. JOHN A. TURNBULL DAVID L. HATHAWAY ) ) (D.U.I.) Appellant. ) )

CONCURRING OPINION

I concur in the result reached by Judge Barker in his thorough opinion.

Having concurred with Judge Wade in his opinion in State v. Jerry Wayne Edison, No.

03C01-9605-CC-00199 (Tenn. Crim. App., Knoxville, June 18, 1997) that an abuse of

discretion standard applies to this court’s review of the trial court’s ruling on the

admissibility of intoximeter results, I write separately to indicate that I favor the Edison

standard of review as opposed to the standard of preponderance of the evidence to which

Judge Barker adheres in this case. I agree that the trial court’s decision would be

affirmed under either standard of review.

_________________________ CURWOOD WITT