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STATE v. WATKINS

No. M2009-00348-SC-R11-CD.

362 S.W.3d 530 (2012)

STATE of Tennessee v. Nigel Kavic WATKINS.

Supreme Court of Tennessee, at Nashville.

March 9, 2012.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General & Reporter; Leslie E. Price and Angele Gregory , Assistant Attorneys General; Tom P. Thompson, Jr. , District Attorney; David Earl Durham , Jason Lawson , and Brian W. Fuller , Assistant District Attorneys General, for the appellant, State of Tennessee.

Shawn P. Sirgo , Nashville, Tennessee (on appeal); Comer L. Donnell , District Public Defender; Tillman W. Payne III , William Cather , and Tom Bilbrey , Assistant Public Defenders (at trial), for the appellee, Nigel Kavic Watkins.

Stephen Ross Johnson ; Wade V. Davies , and Ann C. Short , Knoxville, Tennessee; Aimee D. Solway , Nashville, Tennessee, for the Amicus Curiae, The Tennessee Association of Criminal Defense Lawyers.

Kathy Morante , Nashville, Tennessee; William Crabtree , Knoxville, Tennessee; and Garland Erguden , Memphis, Tennessee, for the Amicus Curiae, Tennessee District Attorneys General Conference.

OPINION

CORNELIA A. CLARK, C.J., delivered the opinion of the Court, in which JANICE M. HOLDER, GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We granted the State permission to appeal to determine whether the defendant's dual convictions for reckless homicide and aggravated child abuse violate either the federal or state constitutional prohibition against double jeopardy. Following briefing, oral argument, and a careful study of Tennessee...

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