State of Tennessee v. Matthew Glen Howell - Concurring in Part and Dissenting in Part

State of Tennessee v. Matthew Glen Howell - Concurring in Part and Dissenting in Part
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.  

Authoring Judge: 
Judge Timothy L. Easter
Originating Judge: 
Judge Monte Watkins
Date Filed: 
Thursday, January 11, 2018