OPINION Roger A. Page , J. , delivered the opinion of the court, in which Jeffrey S. Bivins, C.J., and Cornelia A. Clark, Sharon G. Lee, and Holly Kirby, JJ., joined. The defendant, Brandon Cole-Pugh, was convicted of being a felon in possession of a handgun, in violation of Tennessee Code Annotated section 39-17-1307(b)(1). The evidence presented at trial suggested that the defendant obtained a handgun during a physical altercation, during which the handgun became loose, fell from another...
OPINION Jeffrey S. Bivins , C.J. , delivered the opinion of the Court, in which Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and Roger A. Page, JJ., joined. The Tennessee District Attorneys General Conference ("TNDAGC") filed with this Court a petition to vacate Formal Ethics Opinion 2017-F-163 ("Opinion") issued by the Board of Professional Responsibility ("Board") regarding ethical considerations for prosecutors under Rule 3.8(d) of the Tennessee Rules of Professional Conduct. The...
OPINION Jeffrey S. Bivins , C.J. , delivered the opinion of the Court, in which Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and Roger A. Page, JJ., joined. Factual and Procedural Background In early January 2017, Defendant A. B. Price, Jr., attempted to plead nolo contendere to two counts of sexual battery, and Defendant Victor Sims attempted to plead guilty to three counts of aggravated assault. 1 Both Defendants had reached plea bargains with the State, and each of the pleas...
OPINION Jeffrey S. Bivins , C.J. , delivered the opinion of the Court, in which Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and Roger A. Page, JJ., joined. We granted permission to appeal in this case in order to determine whether Tennessee Code Annotated section 39-17-1007, which provides that "[n]o process, except as otherwise provided, shall be issued for the violation of [the statutes proscribing the offenses of sexual exploitation of a minor] unless it is issued upon the...
