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Tennessee appeals court hears dispute over whether offender established new residence for registry reporting

2496423 · March 5, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Oral argument focused on whether Tony Brasfield established a new primary or secondary residence that would trigger a 48‑hour reporting duty under Tennessee Code Annotated § 40‑39‑203; counsel for the appellant argued the evidence was insufficient while state counsel urged affirmance. The court took the matter under advisement.

Oral arguments in a Tennessee appellate panel on Oct. 12, 2025, examined whether Tony Brasfield established a new residence that he was required to report under Tennessee Code Annotated § 40‑39‑203(a)(1). William Gill, counsel for the appellant, told the court the record lacks evidence that Brasfield established a new primary residence in Tennessee or a secondary residence in Mississippi and asked the court to reverse the trial court’s conviction on count 2.

The question matters because § 40‑39‑203(a)(1) requires an offender to report within 48 hours after establishing or changing a primary residence, defined in the statute as a place in the state where the offender resides for at least five consecutive days. Counsel for the State, Kirby May, argued the evidence—viewed in the light most favorable to the State—supported the jury’s verdict and that Brasfield’s actions, including cutting off GPS…

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