STATE v. HOUSTON

No. E2009-00352-CCA-R9-CD.

328 S.W.3d 867 (2010)

STATE of Tennessee v. Rocky Joe HOUSTON.

Court of Criminal Appeals of Tennessee, at Knoxville.

March 3, 2010.

No Application for Permission to Appeal Filed.


Attorney(s) appearing for the Case

Randy G. Rogers , Athens, Tennessee, for the appellant, Rocky Joe Houston.

Robert E. Cooper, Jr. , Attorney General and Reporter; John H. Bledsoe , Assistant Attorney General; G. Robert Radford , District Attorney General Pro Tempore; Kenneth Irvine , District Attorney General Pro Tempore; and Jason Demastus , Assistant District Attorney General Pro Tempore, for the appellee, State of Tennessee.


OPINION

JAMES CURWOOD WITT, JR., J., delivered the opinion of the Court, in which NORMA McGEE OGLE, J., and D. MICHAEL SWINEY., Sp. J., joined.

The issue presented in this interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure is whether the manner of discharge of the jury prior to the jury's reaching a verdict on all counts and the jury's unorthodox consideration of the charged and lesser included offenses prohibit a retrial...

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