IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
FILED
December 21, 1998
STATE OF TENNESSEE ) Appeal
) No. 01-S-01-9709-CR-00187
Appellee ) Cecil W. Crowson
) Appellate Court Clerk
v. ) Sumner County
) No. 7994
)
BOBBY VINCENT BLACKMON ) Judgment of the Court
) of Criminal Appeals is
Appellant ) Reversed in part,
) Affirmed in part, and
) Remanded for New Trial.
JUDGMENT ORDER
This cause came on to be heard upon briefs, argument
of counsel, and the record on appeal from the Court of Criminal
Appeals.
Upon consideration whereof, this Court is of the
opinion that under the facts of this case, the record does not
support a waiver of the appellant’s right to a constitutionally
qualified judge, and thus, the judgment of the Court of Criminal
Appeals is reversed. In addition, there was no double jeopardy
violation in the forfeiture proceeding.
Costs of appeal are taxed against the State, for which
execution may issue if necessary.
12/21/98