State of Tennessee v. Christopher Wilson (Concurring)

Court Description:

Authoring Judge: Presiding Judge Thomas T. Woodall

Trial Court Judge: Judge W. Mark Ward

My general disdain for the so-called good faith exception is fully set forth in my concurring opinion the first time that this case was before this panel. State v. Christopher Wilson, W2015-00699-CCA-R9-CD, 2016 WL 1627145, at *1 (Tenn. Crim. App., at Jackson, April 21, 2016) (Woodall, P.J., concurring opinion). In light of our supreme court s embracing of the good faith exception in State v. Reynolds, 504 S.W.3d 283 (Tenn. 2016), there is no need to repeat my firm belief that the good faith exception should never be recognized in Tennessee. As a judge of an intermediate court, I am required to follow specific precedent of a higher court, in this case, the Tennessee Supreme Court. State v. Irick, 906 S.W.2d 440, 443 (Tenn. 1995). I fully accept the principle of law that requires me to follow controlling legal authority even when I do not agree. With all due respect, I concur in results only.