State of Tennessee v. David Boyd Conner, Jr. - Concurring

Case Number
M2005-01628-CCA-R3-CD

I concur in the results reached in the majority opinion. However, I disagree with the conclusion that the defendant’s homosexual status was admissible. The defendant moved in limine to exclude this evidence, and the trial court ruled as follows:

[I]f the discussion places into context the full [gist] of the statement . . . weighing these issues about drug usage or some on again, off again, homosexual experiences and how that explains or what did or did not happen with Mr. Wilson, I don’t think the prejudicial effect of that mentioned in the large scheme of this case is outweighed by . . . the probative value, I think is present in terms of the intent, in terms of the defendant’s defense, in terms of placing into context his explanation about his relationship with [the victim] and how that did occur and things of that nature, the probative value of that information is not outweighed by the prejudicial effect.

Authoring Judge
Judge John M. Tipton
Originating Judge
Judge Steve R. Dozier
Case Name
State of Tennessee v. David Boyd Conner, Jr. - Concurring
Date Filed
Dissent or Concur
No
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