IN THE SUPREME COURT OF TENNESSEE
AT JACKSON
April 2000 Session
STATE OF TENNESSEE v. DONALD L. CULBREATH and
GENNA McCALLIE
Appeal by Permission from the Court of Criminal Appeals
Criminal Court for Shelby County
Nos. 96-13497; 97-00667, -72, -73, -75 Hon. L.T. Lafferty, Judge
No. W1999-01553-SC-R11-CD - Filed October 20, 2000
WILLIAM M. BARKER, J., concurring.
I write separately in this case to make clear my understanding that the holding of this Court
today does not depend upon any perceived distinction between the federal and state guarantees to
due process of law. Although I agree that our state constitution may be interpreted more broadly
than the federal constitution in the proper case, I do not understand the holding of this court to rest
upon a broader interpretation of Article I, section 8 of the Tennessee Constitution in this context.
Accordingly, I concur in the Court’s opinion that the indictment in this case was properly
dismissed based upon the denial of the defendants’ right to due process of law under Article I,
section 8 of the Tennessee Constitution and the Fourteenth Amendment to the United States
Constitution.
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WILLIAM M. BARKER, JUSTICE