State of Tennessee v. Letalvis Cobbins, Lemaricus Davidson and George Thomas - Order - Majority and Dissenting

Case Number
E2012-00448-CCA-R10-DD

The State of Tennessee, through the Office of the Attorney General, has filed an application for an extraordinary appeal, see Tenn. R. App. P. 10, seeking review of the trial court's order granting the Defendants new trials on grounds that: ( I ) former Judge Richard Baumgartner, who presided over each of the Defendants' trials, committed "numerous egregious actions" in violation of both the criminal law and the Code of Judicial Conduct while presiding over the cases resulting in structural error that denied these Defendants their rights to fair trials; and (2) former Judge Baumgartner did not discharge his duty as the thirteenth juror in these cases before leaving the bench and the successor judge on these cases "is unable to serve as thirteenth juror" given "the numerous issues concerning the credibility of both certain testifying witnesses and the trial judge."

Authoring Judge
Judge Alan E. Glenn
Originating Judge
Senior Judge Jon Kerry Blackwood
Case Name
State of Tennessee v. Letalvis Cobbins, Lemaricus Davidson and George Thomas - Order - Majority and Dissenting
Date Filed
Dissent or Concur
No