State of Tennessee v. Jennifer Ruth Barber
M2024-00955-CCA-R3-CD
Tenn. Crim. App.Mar 21, 2025Background
- Jennifer Ruth Barber was convicted in 2021 of possession of a firearm during a felony (3 years to serve) and possession of methamphetamine (8 years’ probation, consecutive).
- After completing the firearm sentence, Barber began probation in May 2022 for methamphetamine possession.
- In October 2023, she was arrested on new charges, including felony drug possession and evading arrest. A probation violation warrant was issued.
- At her probation revocation hearing, Barber admitted to evading arrest; the core dispute was the consequence.
- Evidence showed Barber drove at 80-90 mph (on a 45 mph road), fled police, and crashed; the trial court found this conduct egregious and revoked probation, ordering Barber to serve her 8-year sentence.
- Barber appealed, arguing the response was disproportionate given her prior compliance and positive acts while on probation.
Issues
| Issue | Barber's Argument | State's Argument | Held |
|---|---|---|---|
| Whether full probation revocation and execution of sentence was an abuse of discretion | Revocation was too harsh for a single misstep, given prior positive compliance | Court's decision was proper given new criminal, dangerous conduct | No abuse of discretion; revocation affirmed |
| Whether the trial court properly explained its reasoning and considered all relevant factors | Court failed to sufficiently account for positive acts and interests of justice | Court made adequate findings on the record per standard | Record supports findings; reasoning adequate |
Key Cases Cited
- State v. Dagnan, 641 S.W.3d 751 (Tenn. 2022) (sets standard for appellate review of probation revocations and court’s obligation to place reasoning on record)
- State v. Delp, 614 S.W.2d 395 (Tenn. Crim. App. 1980) (defines abuse of discretion in probation revocation context)
- State v. Shaffer, 45 S.W.3d 553 (Tenn. 2001) (elaborates on standard for meaningful appellate review)
- State v. Grear, 568 S.W.2d 285 (Tenn. 1978) (probation revocation discretion explained)
- State v. Moore, 6 S.W.3d 235 (Tenn. 1999) (abuse of discretion standard explained)