McClarty named to Court of Appeals

Governor Phil Bredesen today appointed John Westley McClarty to the Tennessee Court of Appeals, Eastern Section. McClarty, a solo practitioner in Chattanooga, fills a vacancy created in September when Bredesen appointed Sharon Gail Lee to the Tennessee Supreme Court. McClarty, 60, earned his law degree in 1976 from the Southern University School of Law in Baton Rouge, La.

Learn more about him in this statement from the governor

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Court: TCCA


R. Jackson Rose, Harrogate, Tennessee (at trial); and Wesley D. Stone, Knoxville, Tennessee (at sentencing, motion for new trial, and on appeal), for the appellant, Gregory Dwight Bowman.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jared Effler and Thomas E. Barclay, Assistant District Attorneys General, for the appellee, State of Tennessee.


In August 2005, a Claiborne County jury convicted the defendant, Gregory Dwight Bowman, of one count of aggravated vehicular homicide, a Class A felony; one count of vehicular homicide, a Class B felony; one count of vehicular assault, a Class D felony; one count of theft of property valued more than $1000, a Class D felony; and one count of driving on a revoked license, a Class B misdemeanor. The trial court merged the aggravated vehicular homicide and vehicular homicide convictions and sentenced the defendant to an effective sentence of twenty-four years in the Department of Correction as a Range I, standard offender. On appeal, the defendant argues that (1) the trial court erred by failing to suppress the defendant's blood sample, which was drawn shortly after the accident while he was unconscious; (2) the defendant was denied his right to a speedy trial; (3) the trial court erred by admitting the preliminary hearing testimony of a witness who died before trial; (4) the trial court erred by refusing to admit a prior inconsistent statement by the deceased witness; (5) the trial court erred by failing to instruct the jury regarding accomplice testimony; (6) the evidence produced at trial was insufficient to convict the defendant of vehicular assault, aggravated vehicular homicide, and theft; and (7) the trial court imposed an excessive sentence. After reviewing the record, we conclude that the trial court committed error as to the defendant's fourth issue, but such error was harmless. We also conclude that the trial court committed no error as to any other issues and therefore affirm the judgments of the trial court.


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