Supreme Court Upholds Convictions Of Murfreesboro Man For Fabricating Evidence In Wife’s Disappearance

Friday, June 20, 2014

In a unanimous opinion, the Tennessee Supreme Court has upheld the convictions of a Murfreesboro man who was found guilty of fabricating evidence and making a false report in his wife’s disappearance.

Glover P. Smith was charged with two counts of fabricating evidence and six counts of making a false report after he parked his wife’s vehicle in a Walmart parking lot, rode away on a bike, and later reported to police that she was missing. A Rutherford County jury found Mr. Smith guilty on all counts.

The trial court later dismissed Mr. Smith’s convictions for fabricating evidence, but the Court of Criminal Appeals reinstated those convictions on appeal. The appellate court dismissed, however, two of the six convictions for making a false report. Both Mr. Smith and the state appealed to the Tennessee Supreme Court.

At issue in the appeal was the meaning of the phrase “pending or in progress” as it is used in the law that prohibits fabricating evidence. The Court examined the history of the statute and determined that the word “pending” means “impending or about to take place.”

The Court affirmed Mr. Smith’s convictions for fabricating evidence after it determined that he knew an investigation was impending when he parked his wife’s vehicle in the Walmart parking lot with plans to later report her disappearance.

The Court also ruled that some of Mr. Smith’s convictions for making a false report were redundant and violated the double jeopardy clause of the United States and Tennessee Constitutions.  The Court therefore dismissed four of the six counts but upheld the sentence imposed by the trial court of one year in jail and six years of probation.


Supreme Court To Hear Oral Arguments On Challenge To Electrocution, Six Other Cases

The Tennessee Supreme Court will hear oral arguments next week regarding whether a death row inmate can properly challenge the constitutionality of electrocution as a possible method of execution. The Court will consider only one issue of many that are part of a lawsuit by 34 death row inmates challenging Tennessee’s death penalty protocol. The electrocution issue is before ... (click for more)

Sustainability Professionals Launch New Organization To Support Growth In Sector

The new organization, Sustainability Professionals of Greater Chattanooga, has been formed to support employees who are dedicated to promoting sustainability practices within their corporations.   Elizabeth Hammitt, director of Environmental Stewardship and Community at EPB and president of Sustainability Professionals of Greater Chattanooga, envisioned such a group about ... (click for more)

Erlanger Chooses Epic Software For New $100 Million Electronic Medical Records System; CEO Judy Faulkner To Visit Chattanooga

Erlanger CEO Kevin Spiegel announced that the Chattanooga hospital has chosen Epic Systems for a new electronic medical records system that he said will cost close to $100 million over 10 years. He said Cerner was the other finalist for the major hospital expenditure. Mr. Spiegel said the new system will mean some 100 more jobs at Erlanger. He said Epic will bring up to 200 ... (click for more)

Red Bank Police Find 17 Animals In "Deplorable" Condition At Home On Oakland Terrace

Red Bank Police on Friday found 17 animals in "deplorable condition" after making a home check on Oakland Terrace. The Humane Educational Society was called in to assist. The HES said, " Officers entered the home on Oakland Terrace and rescued nine dogs, six cats and two rabbits that had been living in deplorable conditions. "These animals are currently ... (click for more)

Injustice Is Terrible, But Shouldn't Lead To Rioting - And Response (2)

Injustice is terrible.  Period.  I am totally wowed, amazed, and grateful that the six officers have been charged in Baltimore.  Justice will be done like with the officer that shot the man in the back.   That being said,  I don't understand why, when atrocities like this happen, protests and marches can evolve into terrible rioting.  Fortunately ... (click for more)

Roy Exum: From Private To General

It was quite a thing back in March, when Florida Gov. Rick Scott named Maj. Gen. Michael Calhoun to command the state’s National Guard. After all, not many who sign up as a “buck private” climb the ladder all the way to become the state’s Adjutant General, and when you add the fact the highly-respected Calhoun is an African-American, the story only gets better. But there is more: ... (click for more)