STATE OF TENNESSEE v. KELBY LERHA TAYLOR - Articles

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STATE OF TENNESSEE v. KELBY LERHA TAYLOR

Posted by: Karen Belcher on May 13, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Bryan R. Huffman (on appeal), and David A. Stowers (at trial), Covington, Tennessee, for the appellant, Kelby Lerha Taylor.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Christian N. Clase, Assistant Attorney General; Mark E. Davidson, District Attorney General; and Lisa Miller and Harrison Hight, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HIXSON

The Defendant, Kelby Lerha Taylor, appeals his convictions for nine counts of incest, eight counts of rape, three counts of sexual battery by an authority figure, two counts of aggravated assault, and one count of aggravated rape. Specifically, the Defendant argues that his substantive due process and fair trial rights were violated when the State, after its case-in-chief, dismissed a count charging continuous sexual abuse of a child under the Child Protection Act (“CPA”). This dismissal occurred after the Defendant had previously withdrawn a motion to sever the offenses based upon his understanding that the presence of the CPA charge necessitated joinder of at least some of the offenses. The Defendant additionally challenges the sufficiency of the evidence supporting his convictions. After review, we affirm the judgments of the trial court.

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