State v. Smith

OPINION

JAMES CURWOOD WITT, JR., J.,

delivered the opinion of the court,

in which NORMA McGEE OGLE and D. KELLY THOMAS, JR., JJ., joined.

The State of Tennessee appeals from the Hamilton County Criminal Court’s order that sustained the appeal of the petitioner, Anthony Craig Smith, from the general sessions court. The general sessions court found that the petitioner had violated the implied consent law, see T.C.A. § 55 — 10— 406 (2004), and the criminal court ruled upon de novo review that the evidence was insufficient to support an adjudication that the petitioner violated the law. On appeal of…