Opinion

State v. Flake

  • 88 S.W.3d 540
  • 2002 Tenn. LEXIS 458
  • 2002 WL 1987951
Court
Tennessee Supreme Court
Filed
Oct 24, 2002
Status
Published
On the bench
Drowota, III, Anderson, Holder, Barker, Birch
Cited by
63 cases
Authority
More cited than 29.6%

outlining the significant changes in the insanity defense after the 1995 amendments to T.C.A. § 39-11-501

How later courts described this case

  • outlining the significant changes in the insanity defense after the 1995 amendments to T.C.A. § 39-11-501
  • noting that it is the jury’s responsibility to assess the credibility of witness testimony and the weight of the evidence (quoting United States v. Barton, 992 F.2d 66, 70 (5th Cir.1993))
  • observing that “the facts surrounding the offense suggest[ed] the defendant realized his conduct was wrongful”
  • “The ultimate issue of the defendant’s sanity is ‘a matter for the trier of fact alone.’” (quoting Tenn. Code Ann. § 39- 11-501(c)

Written by the judges who cited it.

The opinion

IN THE SUPREME COURT OF TENNESSEE

AT JACKSON

April 2, 2002 Session

STATE OF TENNESSEE v. CHRISTOPHER M. FLAKE

No. W2000-01131-SC-R11-CD

________________________

FOR PUBLICATION

OPINION DENYING PETITION FOR REHEARING - Filed October 24, 2002

The appellee, Christopher M. Flake, by and through counsel, has filed a petition to rehear

the opinion of this Court filed August 29, 2002. As grounds for rehearing the petition asserts that

the Opinion did not address another issue raised in Flake’s brief, specifically, that the trial court

erred in denying Flake’s motion to suppress because Flake was not mentally capable of

knowingly and intelligently consenting to a search or waiving his rights under Miranda v.

Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed.2d 694 (1966).

While the appellee is correct that the August 29, 2002, Opinion did not explicitly address

the suppression issue, this assertion is not grounds for rehearing. It is well-settled that "a trial

court's findings of fact in a suppression hearing will be upheld unless the evidence preponderates

otherwise." State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996). "Questions of credibility of the

witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are

matters entrusted to the trial judge as the trier of fact." Id.; see also State v. England, 19 S.W.3d

762, 766 (Tenn. 2000). As such, "the prevailing party in the trial court is afforded the 'strongest

legitimate view of the evidence and all reasonable and legitimate inferences that may be drawn

from that evidence.' " See State v. Carter, 16 S.W.3d 762, 765 (Tenn. 2000) (quoting State v.

Keith, 978 S.W.2d 861, 864 (Tenn. 1998)).

Applying these principles, we are of the opinion that the evidence does not preponderate

against the trial court’s finding that the defendant was mentally capable of knowingly and

intelligently consenting to a search and of waiving his rights under Miranda. Accordingly,

Flake’s assertion that the trial court erred in denying his motion to suppress is without merit.

Justice Anderson and Justice Birch continue to adhere to the views expressed in their

initial dissenting opinion but concur in the denial of this petition for rehearing.

Accordingly, the petition to rehear is DENIED.

PER CURIAM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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