State v. Lonny Hazelwood ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
MAY 1998 SESSION
September 18, 1998
Cecil W. Crowson
STATE OF TENNESSEE, * No. 01C01-9705-CC-00175 Clerk
Appellate Court
Appellant, * Williamson County
vs. * Hon. Henry Denmark Bell, Judge
LONNY D. HAZELWOOD, * (Rule 9, Interlocutory Appeal)
Appellee. *
CONCURRING OPINION
I concur in the result reached by the majority, I write separately only to
express my belief that at most this record demonstrates negligence on the part of
the district attorney’s office in making the blood alcohol test results available to the
defense in a timely fashion. While this negligence did in fact deprive the defendant
of the means to conduct a full defense to the charges against him, I find no
evidence of bad faith on the part of the prosecutor’s office as suggested by the
majority’s reference to State v. Golden, 941 S.W.2d 905 (Tenn. Crim. App. 1996).
Nevertheless, the defendant must not be denied, even through negligence, of the
ability to defend himself. I therefore concur that the judgment of the trial court must
be affirmed.
______________________________
JERRY L. SMITH, JUDGE