State v. Lynn

I agree with the majority that the clerk erred in this case by failing to choose the special venire in accordance with Tenn.Code Ann. § 22-2-308(a)(2); I also agree that the clerk erred by failing to publish the names of the venire in accordance with Tenn.Code Ann. § 22-2-306(b). I cannot agree, however, with the majority’s conclusion that these errors require reversal of the defendant’s conviction. Therefore, I respectfully dissent from the majority opinion.

As noted by the majority, it is undisputed that defense counsel, on November 16, 1992, filed a motion challenging the procedures by…