STATE of Tennessee v. James David MOATS

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE October 5, 2012 Session Heard at Athens1 STATE OF TENNESSEE v. JAMES DAVID MOATS Appeal by Permission from the Court of Criminal Appeals Circuit Court for McMinn County No. 09048 Carroll L. Ross, Judge No. E2010-02013-SC-R11-CD - Filed March 22, 2013 C ORNELIA A. C LARK, J., and W ILLIAM C. K OCH, J R., J., dissenting. We respectfully dissent. We would reverse the judgment of the Court of Criminal Appeals and reinstate the judgment of the trial court, which denied the defendant’s motion to suppress because Officer Bige initially “approached [Mr.…