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STATE v. BROOKS

No. W2004-02834-SC-R11-CD.

249 S.W.3d 323 (2008)

STATE of Tennessee v. Judge BROOKS.

Supreme Court of Tennessee, at Jackson.

March 20, 2008.

Attorney(s) appearing for the Case

Robert Wilson Jones, Shelby County Public Defender, and Tony N. Brayton, Garland Ergüden, Timothy J. Albers, and Donna Armistead, Assistant Shelby County Public Defenders, for the appellant, Judge Brooks.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Weirich and Theresa McCusker, Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and CORNELIA A. CLARK and WILLIAM C. KOCH, JJ., joined. GARY R. WADE, J., not participating.

This case involves the applicability of the forfeiture by wrongdoing hearsay exception. We hold that the forfeiture by wrongdoing exception requires a showing that a defendant's actions were intended, at least in part, to prevent a witness from testifying. The prosecution...

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