STATE OF TENNESSEE v. BRADY P. SMITHSON - Articles

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Posted by: Amelia Ferrell Knisely on Apr 18, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael T. Fort, Franklin, Tennessee, for the appellee, Brady P. Smithson

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Kim R. Helper, District Attorney General; and Carlin Hess, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge(s): OGLE

The appellant, State of Tennessee, appeals the Williamson County Circuit Court?s granting the motion of the appellee, Brady P. Smithson, to dismiss an indictment for two counts of vehicular assault, a Class D felony. On appeal, the State contends that the trial court misapplied the factors in State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999). Based upon the oral arguments, the record, and the parties? briefs, we affirm the ruling of the trial court.