State v. Flanigan
This text of State v. Flanigan (State v. Flanigan) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED MAY 1998 SESSION June 26, 1998
Cecil Crowson, Jr. Appellate C ourt Clerk STATE OF TENNESSEE, ) ) Appellee, ) No. 03C01-9708-CR-00330 ) ) Sullivan County v. ) ) Honorable Phyllis H. Miller, Judge ) LULA J. FLANIGAN, ) (Aggravated Kidnapping and ) Aggravated Assault) Appellant. )
CONCURRING OPINION
I concur in the majority opinion. I add, though, that I do not believe we
have to conduct the two-prong inquiry provided in State v. Anthony, 817 S.W.2d 299
(Tenn. 1991) and State v. Dixon, 957 S.W.2d 532 (Tenn. 1997). This is because an
aggravated assault does not necessarily include the elements of kidnapping. Thus, I
believe that an Anthony issue is not even implicated.
____________________________ Joseph M. Tipton, Judge
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