State vs. Lonny Hazelwood

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE MAY 1998 SESSION FILED September 18, 1998 * Cecil W. Crowson Appellate Court No. 01C01-9705-CC-00175 Clerk * Williamson County vs. * Hon. Henry Denmark Bell, Judge LONNY D. HAZELWOOD, * (Rule 9, Interlocutory Appeal) STATE OF TENNESSEE, Appellant, Appellee. * CONCURRING OPINION I concur in the result reached by the majority, I write separately only to express my belief that at most this record demonstrates negligence on the part of the district attorney s office in making the blood alcohol test results available to the defense in a timely fashion. While this negligence did in fact deprive the defendant of the means to conduct a full defense to the charges against him, I find no evidence of bad faith on the part of the prosecutor s office as suggested by the majority s reference to State v. Golden, 941 S.W.2d 905 (Tenn. Crim. App. 1996). Nevertheless, the defendant must not be denied, even through negligence, of the ability to defend himself. I therefore concur that the judgment of the trial court must be affirmed. ______________________________ JERRY L. SMITH, JUDGE

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