STATE OF TENNESSEE v. WALTER FRANCIS FITZPATRICK, III - Articles

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STATE OF TENNESSEE v. WALTER FRANCIS FITZPATRICK, III

Posted by: Tanja Trezise on Apr 11, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Van R. Irion, Knoxville, Tennessee, for the appellant, Walter Francis Firzpatrick, III.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; Steven Bebb, District Attorney General; and Paul D. Rush, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Walter Francis Fitzpatrick, III, was indicted by the Monroe County Grand Jury for one count of tampering with government records. After a jury trial, Appellant was convicted as charged and sentenced to eleven months and twenty-nine days with twenty days to serve in incarceration and the remainder to be served on probation. Appellant appeals his conviction. He argues that his indictment was faulty because the grand jury foreperson was not eligible to serve; that the trial court erred in ruling that Appellant could not testify regarding his proposed defense of necessity; and that the trial court erred in denying Appellant’s request for a jury instruction on the defense of necessity. After a thorough review of the record, we affirm the judgment of the trial court.

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