Legal Opinion · Dissent

Mitchell v. State

Court of Criminal Appeals of Tennessee

Decided May 8, 1970Published

1DissentDwyer, Judge

I must respectfully dissent from the majority opinion in this cause.

I predicate my dissent on one premise alone. In all other particulars pertaining to the treatment of the assignments of error, I concur with the majority opinion. My dissent with my fellow judges is bottomed on the statement of Mitchell obtained by the interviewing officer which was introduced into evidence over objection of counsel. This statement was highly inculpatory and damaging to the defendant. To bring into focus my dissent it will be necessary to digress on the back-ground of how the statement or confession was taken.

2Cases cited2 opinions

  1. Carnley v. CochranSupreme Court of the United States · 1962
  2. Martin v. StateCourt of Criminal Appeals of Tennessee · 1968

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