STATE OF TENNESSEE v. MICHAEL EUGENE RUTHERFORD - Articles

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Posted by: Tanja Trezise on Nov 8, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Alexander Brown, Knoxville, Tennessee, for the appellant, Michael Eugene Rutherford.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Randall E. Nichols, District Attorney General; and Leon Franks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Michael Eugene Rutherford, appeals the Knox County Criminal Court’s order revoking his probation for aggravated burglary, a Class C felony, and ordering his fiveyear sentence into execution. On appeal, the Defendant contends that (1) the evidence is insufficient to revoke his probation, (2) there is new evidence related to testimony relied upon by the trial court in revoking his probation, (3) the trial court erred by allowing the victim of the Defendant’s new theft charge to testify at the revocation hearing, and (4) the court erred by insufficiently weighing his good behavior. We affirm the judgment of the trial court.

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