#Rule 12 motion to dismiss trial#

Coulam, Senior Assistant Attorney General Amy P. Slatery III, Attorney General and Reporter Andrew C. HOLLOWAY, JR., J., delivered the opinion of the court, in which CAMILLE R. 3(c) Appeal as of Right Judgments of the Criminal Court Reversed and Remanded ROBERT L. After a thorough review, the judgments of the criminal court are reversed, the indictment is reinstated, and the case is remanded for further proceedings consistent with this opinion.

#Rule 12 motion to dismiss trial#

The State appeals as of right from the trial court’s dismissal of Defendants’ indictment, arguing that the trial court improperly dismissed the indictment based on the weight of the evidence and that the indictment provided sufficient protection against double jeopardy. Following a hearing, the trial court dismissed all counts of the indictment. Each Defendant filed a motion to dismiss the indictment, arguing that the failure of the State to name a specific victim in counts one and three violated their right against double jeopardy. W2019-01227-CCA-R3-CD _ The Shelby County Grand Jury indicted Defendants Calvin Smith and Hayden Bowen for attempted first degree murder in counts one and three and for employment of a firearm during the commission of a dangerous felony in counts two and four. CALVIN SMITH and HAYDEN BOWEN Appeal from the Criminal Court for Shelby County No. IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs Ap STATE OF TENNESSEE V. The Shelby County Grand Jury indicted Defendants Calvin Smith and Hayden Bowen for attempted first degree murder in counts one and three and for employment of a firearm during the commission of a dangerous felony in counts two and four.