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STATE v. FARRAR

No. M2011-00838-CCA-RM-CD.

355 S.W.3d 582 (2011)

STATE of Tennessee v. James Edward FARRAR, Jr.

Court of Criminal Appeals of Tennessee, at Nashville.

June 30, 2011.

Application for Permission to Appeal Denied by Supreme Court October 18, 2011.

Attorney(s) appearing for the Case

John H. Norton, III , Shelbyville, Tennessee, for the appellant, James Edward Farrar, Jr.

Robert E. Cooper, Jr. , Attorney General and Reporter; Benjamin A. Ball , Assistant Attorney General; Chuck Crawford , District Attorney General; and Michael D. Randles , Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

JAMES CURWOOD WITT, JR., J., delivered the opinion of the Court, in which D. KELLY THOMAS, JR., J., joined. JOSEPH M. TIPTON, P.J., filed a separate concurring and dissenting opinion.

The defendant, James Edward Farrar, Jr., appealed the Bedford County Circuit Court's revocation of his probation. This court reversed the trial court's revocation, concluding that the State failed to establish a violation of probation by a preponderance of the evidence...

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