Case Number
M2016-01812-CCA-R3-CD
I agree with the majority’s conclusions in section II of the opinion, the evidence of a federal lawsuit and section III, impeachment of the victim. However, I respectfully disagree with the majority’s conclusion in section I that a new trial on the offense of simple assault is barred by the prohibition against double jeopardy. I am of the opinion that there is no valid and final judgment for the purposes of collateral estoppel via double jeopardy and that a rational jury could have grounded its verdict upon an issue other than that which Defendant seeks to estop. Therefore, I would remand the case for a new trial on simple assault.
Originating Judge
Judge Monte Watkins
Case Name
State of Tennessee v. Matthew Glen Howell - Concurring in Part and Dissenting in Part
Date Filed
Dissent or Concur
This is a dissenting opinion
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