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Posted by: Tanja Trezise on Jun 27, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Hershell D. Koger, Pulaski, Tennessee (on appeal); and Stanley K. Pierchoski, Lawrenceburg, Tennessee (at trial), for the appellant, Brian Jermaine Dodson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Mike Bottoms, District Attorney General; and Kimberly Cooper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Brian Jermaine Dodson, was convicted by a Maury County Circuit Court jury of first degree premeditated murder, attempted first degree murder, and aggravated assault and sentenced to an effective term of life imprisonment. On appeal, he argues that: (1) the trial court erred in allowing the State to amend counts two and three of the indictment over his objection; (2) the trial court erred in allowing a State witness, Adrian Walker, to testify concerning gang activity and in failing to grant his motion in limine regarding Walker’s testimony; (3) the evidence is insufficient to support his convictions; (4) the trial court erred in failing to instruct the jury on alibi; (5) the trial court erred in allowing the defendant’s prior convictions to be introduced during trial; (6) newly discovered evidence could have affected the outcome of the trial; and (7) the State committed prosecutorial misconduct by using perjured testimony and an improper closing argument, the cumulative effect of which deprived him of a fair trial. After review, we affirm the judgments of the trial court.