State v. Johnny Tillery

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
JANUARY 1996 SESSION
March 30, 1998
Cecil W. Crowson
STATE OF TENNESSEE, ) NO. 01C01-9506-CC-00182 Court Clerk
Appellate
)
Appellee, ) Giles County
)
VS. ) Honorable James L. Weatherford, Judge
)
JOHNNY WAYNE TILLERY, ) (Possession of cocaine with the intent to sell)
)
Appellant. )
CONCURRING OPINION
I fully concur with the opinion. I would add that the opinion of our
supreme court in State v. Jones, 598 S.W.2d 209 (Tenn. 1980), supports the
conclusion reached by this court even though all of the recorded statements were
allowed into evidence. In Jones, the supreme court warned that "any statement
made by a non testifying party to the conversation which tends to be prejudicial to
the defendant must be redacted, unless admissible under some other rule of law."
Id. at 223. Here, however, the challenged portions of Brooks's statements are not
prejudicial. When Brooks made assurances that he was responsible and that the
defendant should not "take the fall," that tended to be more exculpatory, in my view,
than incriminatory. Because there was no prejudice, there could have been no
error.
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Gary R. Wade, Judge