Justin Whaley enters the courtroom
Both the prosecution and defense plan appeals of a ruling by Criminal Court Judge Boyd Patterson in the case of former EMT Justin Whaley,
Whaley was earlier sentenced to serve nine years in state prison for the wrong-way traffic death of James Brumlow on July 2, 2018.
He had faced 8-12 years in prison after a Criminal Court jury found him guilty of vehicular homicide by intoxication and other charges.
The defense asked for a new trial based on the conduct of a key witness in the case. The judge granted Whaley a new trial on the vehicular homicide by intoxication and DUI counts. He did not give him a new trial for the reckless homicide count or the traffic infractions.
It was noted that for the remaining felony case of vehicular homicide that no specific sentence had been given. It was merged into other cases on the nine-year ruling. That is one of the legal issues remaining.
Attorney Lee Davis said it could be not until the summer or fall of 2025 that an opinion is received from the Tennessee Court of Criminal Appeals on the legal issues.
Attorney Davis earlier said the state failed to turn over an Internal Affairs report about a key state witness in the trial - a Soddy Daisy Police officer.
A hearing is set for Sept. 23 at 1:30 p.m. on a request for bond for Whaley while the case is being appealed. Judge Patterson has thus far denied bond.
Whaley has been in jail since last October.