Legal Opinion
State of Tennessee v. Rosemary L. Decosimo
Tennessee Supreme Court
Decided August 23, 2018No. E2017-00696-SC-R11-CDPublishedCited by 11 opinions
1Opinion of the CourtCornelia A. Clark, J.
In this appeal of a certified question of law, the defendant challenges the constitutionality of a statute that imposes a fee upon persons convicted of certain drug and alcohol offenses when forensic scientists employed by the Tennessee Bureau of Investigation ("TBI") have conducted chemical tests to determine blood alcohol or drug content. The challenged statute earmarks the fees imposed to an intoxicant testing fund, and monies within this fund do not revert to the State's general fund but "remain available for appropriation to the [TBI] as determined by the [G]eneral [A]ssembly." Tenn.…
2Cases cited33 opinions
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Tumey v. OhioSupreme Court of the United States · 1927
- Gibson v. BerryhillSupreme Court of the United States · 1973
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Ward v. Village of MonroevilleSupreme Court of the United States · 1972
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3Cited by11 opinions
- Charles Rice v. State of TennesseeCourt of Criminal Appeals of Tennessee · 2026
- James Hawkins v. State of TennesseeCourt of Criminal Appeals of Tennessee · 2026
- Jodi McClay v. Airport Management Services, LLCTennessee Supreme Court · 2020
- Michael Dale Rimmer v. State of TennesseeCourt of Criminal Appeals of Tennessee · 2026
- Sedrick Clayton v. State of TennesseeCourt of Criminal Appeals of Tennessee · 2026
6 more not listed; retrieve them via the Exa API.