STATE OF TENNESSEE v. EVERETT RUSS - Articles

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STATE OF TENNESSEE v. EVERETT RUSS

Posted by: Tanja Trezise on Jul 15, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Paul K. Guibao (on appeal and remand); and Eran E. Julian and Mark A. Saripkin (at trial), Memphis, Tennessee, for the appellant, Everett Russ.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General (on remand); Deshea Dulany Faughn, Assistant Attorney General (on remand); Clark B. Thornton, Assistant Attorney General (on previous appeal); Amy P. Weirich, District Attorney General; and Gregory Thomas Carman and Carrie Shelton, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Tennessee Supreme Court has remanded this case for reconsideration in light of State v. James Allen Pollard, — S.W.3d —, No. M2011-00332-SC-R11-CD (Tenn. Dec. 20, 2013). See State v. Everett Russ, No. M2012-00461-CCA-R3-CD (Tenn. Crim. App. Dec. 9, 2013), perm. app. granted, case remanded (Tenn. May 15, 2014). Relevant to the current remand, this court concluded in the previous appeal that the trial court erred in imposing consecutive sentences when only one of the statutory aggravating factors applied to the Defendant’s two offenses involving the sexual abuse of a minor. See T.C.A. § 40-35- 115(b)(5) (2010). Upon further review, we conclude that the aggravating factors were sufficient to support the trial court’s imposition of consecutive sentences. We affirm the judgments of the trial court.

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