STATE OF TENNESSEE v. MICHAEL FLAMINI, JR. - Articles

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STATE OF TENNESSEE v. MICHAEL FLAMINI, JR.

Posted by: Karen Belcher on May 27, 2025

Head Comment: With concurring opinions by Greenholtz and Hixson.

Court: TN Court of Criminal Appeals

Attorneys 1: Eric Lutton, District Public Defender; Jonathan Harwell and Halle Hammond (on appeal), Assistant District Public Defenders; and Michael Tabler and Jacob Feuer (at trial), Assistant District Public Defenders, for the Appellant, Michael Flamini, Jr.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Garrett D. Ward, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; Ta Kisha Fitzgerald and Sean Bright, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Michael Flamini, Jr., was convicted by a Knox County Criminal Court jury of possession with the intent to manufacture, deliver, or sell one-half gram or more of methamphetamine, a Class B felony; and possession with the intent to manufacture, deliver, or sell less than fifteen grams of fentanyl, a Class C felony. See T.C.A. §§ 39- 17-434 (2018) (possession with intent to manufacture, deliver, or sell methamphetamine); 39-17-417 (Supp. 2020) (subsequently amended) (possession with the intent to manufacture, deliver, or sell fentanyl). The trial court sentenced the Defendant as a Range II offender and imposed concurrent sentences of fifteen years and ten years, respectively. On appeal, the Defendant contends that the trial court (1) erred by denying his motion to suppress, (2) erred by denying his motion for a mistrial, and (3) violated his right to remain silent by admitting evidence related to a civil asset forfeiture proceeding. We conclude that the trial court erred by admitting evidence of an asset forfeiture order. However, we, likewise, conclude that the error was harmless and affirm the judgments of the trial court.

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