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Posted by: Tanja Trezise on Feb 4, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Barry W. Kuhn (on appeal) and Constance J. Barnes and Vincent Ores (at trial), Memphis, Tennessee, for the appellant, Jackson Martin.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Robert William Ratton, III, and Jessica Banti, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Shelby County Criminal Court Jury convicted the appellant, Jackson Martin, of attempted second degree murder and two counts of carjacking. After a sentencing hearing, the trial court merged the carjacking convictions and sentenced him to an effective sentence of twenty-two years in confinement. On appeal, the appellant contends that (1) the trial court erred by commenting to the jury about his failure to present alibi witnesses; (2) the trial court erred by refusing to give the jury an alibi instruction; and (3) the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.