State of Tennessee v. Michael Farmer and Anthony Clark - Concurring/Dissenting

Case Number
W2009-02281-CCA-R3-CD

I dissent from the majority’s holding that the State proved beyond a reasonable doubt that Terrell Westbrooks suffered serious bodily injury as that term is contemplated by Tennessee Code Annotated section 39-11-106(a)(34). I believe the majority’s holding upends the statutory definition of “serious bodily injury” by essentially declaring that any injury inflicted by a deadly weapon results in serious bodily injury. I do not believe the statutory definitions support such an interpretation.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge John T. Fowlkes, Jr.
Case Name
State of Tennessee v. Michael Farmer and Anthony Clark - Concurring/Dissenting
Date Filed
Dissent or Concur
No