State of Tennessee v. Rodney Stephens - dissenting

Case Number
E2014-02514-CCA-R3-CD

I respectfully dissent with the conclusions of the majority that a rational trier of fact could not conclude beyond a reasonable doubt that Defendant possessed the culpable mental state of knowingly violating an order of protection. On direct examination, Defendant acknowledged that he was served “with something” when he left the jail. On cross-examination, Defendant admitted that he knew that there was an order telling him not to have contact with his wife when he left the jail. He acknowledged that somebody had given him a copy of the order and he showed it to the officer who stopped him a few minutes later. Finally, he agreed with the State that he was not “trying to tell the folks of the jury that [he] didn’t know that [he was] not allowed to have contact with [Ms. Stephens]” and he knew that there was an order of protection

Authoring Judge
Judge Timothy L. Easter
Originating Judge
Judge E. Shayne Sexton
Case Name
State of Tennessee v. Rodney Stephens - dissenting
Date Filed
Dissent or Concur
No
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