State v. Flowers
Annotate this CaseDefendant was convicted of stalking. The conviction was based, in part, on Defendant’s act of posting disparaging signs about the victim on the victim’s private property and on the property of the victim's employer, the Maury County Board of Education. Defendant appealed, arguing that her conviction violated her First Amendment right to free speech. The Supreme Court reversed, holding that the evidence presented by the State was insufficient as a matter of law to sustain Defendant’s conviction for the criminal offense of stalking. This holding necessarily pretermitted discussion of whether Defendant’s right to free speech was violated.
Court Description:
Authoring Judge: Justice Roger A. Page
Trial Court Judge: Judge Robert Lee Holloway, Jr.
Nicole Flowers ( the defendant ) was convicted of the criminal offense of stalking, see Tennessee Code Annotated section 39-17-315, based, in part, on her posting disparaging signs about the victim on the victim s private property and on the property of his employer, which was a public place. We granted this appeal to consider whether the signs placed by the defendant amounted to an exercise of her right to free speech, as protected by the United States and Tennessee Constitutions. We also consider whether the evidence presented at the bench trial was sufficient to sustain the defendant s conviction. We conclude, based on the proof in the record on appeal, that the evidence underlying the defendant s conviction for stalking is insufficient to sustain her conviction and therefore reverse the judgment of the Court of Criminal Appeals. Having determined that the evidence is insufficient, the issue of the defendant s right to free speech is pretermitted.
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