STATE OF TENNESSEE v. CLAUDE HARVEY BANNER - Articles

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STATE OF TENNESSEE v. CLAUDE HARVEY BANNER

Posted by: Karen Belcher on May 2, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Jonathan Skrmetti, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant Attorney General; Steven R. Finney, District Attorney General; Michael D. Rasnake and Dennis D. Brooks, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2: Jeff Kelly (on appeal and at post-trial motions hearing); District Public Defender; Brennan M. Wingerter (on appeal), Assistant Public Defender – Appellate Division; Melanie Sellers, Assistant District Public Defender (at post-trial motions hearing); Donald E. Spurrell (at trial), Johnson City, Tennessee, for the appellant, Claude Harvey Banner.

Judge(s): MONTGOMERY

The Defendant, Claude Harvey Banner, was convicted by a Carter County Criminal Court jury of attempted second degree murder and unlawful possession of a firearm. The trial court initially approved the verdicts as thirteenth juror but later granted the Defendant’s untimely motion for a new trial. We granted the State’s application for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9 to consider whether the trial court lacked jurisdiction to grant a new trial in its capacity at thirteenth juror after the judgments were final. We reverse the trial court’s order granting a new trial and reinstate the judgments of conviction.

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