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30 S.W.3d 309

State v. Culbreath

Tennessee Supreme Court

Decided October 20, 2000

Tennessee Supreme Court · decided 2000-10-20

Cited by 16 later decisions — most recently October 2015

16 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2000-10-20

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WILLIAM M. BARKER, J.,

¶1concurring.

¶2I write separately in this case to make clear my understanding that the holding of this Court today does not depend upon any perceived distinction between the federal and state guarantees to due process of law. Although I agree that our state constitution may be interpreted more broadly than the federal constitution in the proper case, I do not understand the holding of this court to rest upon a broader interpretation of Article I, section 8 of the Tennessee Constitution in this context.

¶3Accordingly, I concur in the Court’s opinion that the indictment in this case was properly dismissed based upon the denial of the defendants’ right to due process of law under Article I, section 8 of the Tennessee Constitution and the Fourteenth Amendment to the United States Constitution.

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