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Posted by: Tanja Trezise on Sep 17, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Charles P. Dupree, Chattanooga, Tennessee, for the Defendant-Appellant, Jamel Marsh.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; William H. Cox, III, District Attorney General; Boyd M. Patterson, Jr., and William H. Hall, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

Defendant-Appellant, Jamel Marsh, was convicted by a Hamilton County jury of voluntary manslaughter and received a sentence of four years in the Tennessee Department of Correction. On appeal, Marsh argues: (1) the trial court’s method of selecting and qualifying the jury violated Tennessee Code Annotated sections 22-2-308 and 22-2-313 and as well as Batson v. Kentucky, 476 U.S. 79 (1986); (2) the trial court erred in preventing defense counsel from cross-examining Rachel Hixson about whether she received preferential treatment in her unrelated criminal cases in exchange for her testimony against Marsh and erred in preventing defense counsel from making an offer of proof regarding this alleged preferential treatment, thereby violating Giglio v. United States, 405 U.S. 150 (1972); and (3) his sentence violated Blakely v. Washington, 542 U.S. 296 (2004), and his sentence was excessive. Upon review, we affirm the judgment of the trial court and remand the case for entry of a corrected judgment to show that the jury found Marsh guilty of voluntary manslaughter.