State v. Edison

OPINION

ADOLPHO A. BIRCH, Jr, Justice.

We granted this Tenn.RApp.P. 11 appeal to determine the appropriate standard of review of a trial court’s decision to admit a breath-alcohol test result under State v. Sensing, 843 S.W.2d 412 (Tenn.1992). The Court of Criminal Appeals held that the trial court had not abused its discretion in admitting the test result of the defendant, Jerry Wayne Edison. 1 We affirm the judgment of the intermediate appellate court and conclude that a trial court’s Sensing decision must be presumed correct on appeal unless the preponderance of the evidence is to the…