State of Tennessee v. Tyshon Booker (Dissent)

State of Tennessee v. Tyshon Booker (Dissent)
E2018-01439-SC-R11-CD
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
Date Filed: 
Friday, November 18, 2022