State of Tennessee v. Joshua Lynn Parker - Dissenting/Concurring

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE October 27, 2009 Session STATE OF TENNESSEE v. JOSHUA LYNN PARKER Appeal from the Circuit Court for Cocke County No. 0177 Ben W. Hooper, III, Judge No. E2008-02541-CCA-R3-CD - Filed September 22, 2010 J AMES C URWOOD W ITT, J R., J., dissenting and concurring. I respectfully dissent from the majority’s conclusion that the defendant’s conviction of second degree murder should be upheld despite the absence of any proof that the defendant knowingly inflicted the lethal wound. The majority agrees that the evidence did not establish a…