State of Tennessee v. Tyshon Booker (Dissent)

Case Number
I respectfully dissent from the result reached by a majority of the Court today. Quite
frankly, I find the policy adopted as a result of the plurality opinion of Justice Lee and the
concurring opinion of Justice Kirby to be sound. However, it is just that. It is a policy
decision by which the majority today has pushed aside appropriate confines of judicial
restraint and applied an evolving standards of decency/independent judgment analysis that
impermissibly moves the Court into an area reserved to the legislative branch under the
United States and Tennessee Constitutions.
Authoring Judge
Justice Jeffrey S. Bivins (C.J. Page, joins)
Originating Judge
Judge G. Scott Green
Case Name
State of Tennessee v. Tyshon Booker (Dissent)
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version