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138 S.W.3d 245

State v. Ward

Court of Criminal Appeals of Tennessee

Decided December 30, 2003

Court of Criminal Appeals of Tennessee · decided 2003-12-30

Cited by 4 later decisions — most recently May 2013

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-30

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¶1separate concurring.

¶2I agree with the majority opinion that the so-called “rule of three” evidence should have been excluded in this case, based upon the trial court’s initial ruling that there was insufficient foundation laid to allow its admissibility. I write separately to express that I limit my decision to the instant case. After careful review, I concluded that the admissibility of this evidence was a very close decision and deferred, as I must, to the trial court’s decision. However, with additional testimony concerning the McDaniel factors, a proper foundation might be laid for admitting expert testimony concerning the “rule of three.”

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