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

Case Number
M2011-01770-CCA-R3-CD

I write separately to express my belief that in Pylant v. State, 263 S.W.3d 854, 871 n.26 (Tenn. 2008), the Tennessee Supreme Court indeed "repudiated" or rejected the de novo standard for review of hearsay issues adopted by the Court of Criminal Appeals in State v. Gilley, 297 S.W.3d 739, 759-60 (Tenn. Crim. App. 2008). The word "repudiate" means "to reject as having no authority or binding force." Webster’s New Universal Unabridged Dictionary 1636 (2nd ed. 1996). When I first joined Judge Witt’s decision in Gilley, I believed that we were setting forth a new and correct standard of review for hearsay issues and that we were providing a clear first step for any such analysis in the trial court. I still have nothing but respect for both Judge Witt’s reasoning and his conclusion in that case.

Authoring Judge
Judge John Everett Williams
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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