State of Tennessee v. Marcus Terrell Church-separate concurring opinion

Case Number
M2011-01770-CCA-R3-CD

I concur in the results reached and most of the reasoning in the majority opinion. I do not believe, however, that this court’s standard of review of hearsay in State v. Gilley, 297 S.W.3d 739 (Tenn. Crim. App. 2008), was "repudiated" or rejected by our supreme court in Pylant v. State, 263 S.W.3d 854, 871 n.26 (Tenn. 2008). In fact, the supreme court noted that the trial court’s ruling was error under either standard of review. Id. This is certainly not a rejection of Gilley.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge J. Randall Wyatt, Jr.
Case Name
State of Tennessee v. Marcus Terrell Church-separate concurring opinion
Date Filed
Dissent or Concur
This is a dissenting opinion
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