STATE OF TENNESSEE v. TERRELL HAYES - Articles

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Posted by: Chandra Williams on Apr 22, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

M. Haden Lawyer, Memphis, Tennessee, for the appellant, Terrell Hayes.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Meghan Fowler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Terrell Hayes, was convicted of two counts of aggravated robbery after a jury trial. Defendant was sentenced to an effective sentence of ten years. After the denial of a motion for new trial, Defendant timely sought an appeal. The following issues are presented for our review: (1) whether the trial court improperly prohibited Defendant from introducing evidence about codefendant Timothy Williams‘s prior robbery charge; and (2) whether the trial court erred in failing to grant a mistrial and/or allowing counsel to testify as a witness for the defense. After a review, we determine the trial court erred in refusing to allow Defendant to question witnesses about the prior robbery. However, we determine the error was harmless. Defendant failed to raise the issue with regard to counsel‘s testimony in the motion for new trial. This issue is waived. Accordingly, the judgments of the trial court are affirmed.

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