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Posted by: Tanja Trezise on Mar 28, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert Dalton, Lewisburg, Tennessee, for the appellant, Neil Vader.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Charles Frank Crawford, District Attorney General; and Chris Collins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Following a jury trial, Defendant, Neil Vader, was convicted of driving in violation of a motor vehicle habitual offender (MVHO) order, driving under the influence of an intoxicant (DUI), violation of the implied consent law, and driving on a revoked driver’s license. Defendant waived a jury trial to determine the number of his prior DUI convictions. The trial court found that Defendant had three prior DUI convictions and was guilty of DUI fourth offense. The trial court sentenced Defendant to serve one year and nine months for counts one and two and eleven months and twenty nine days for count three. All of Defendant’s sentences were ordered to run consecutively. The trial court merged count four, driving on a revoked driver’s license, with violation of a MVHO order. On appeal, Defendant raises the following issues: (1) the trial court erred in excluding testimony offered as extrinsic evidence of a prior inconsistent statement to impeach a witness; (2) the prosecuting attorney engaged in misconduct during closing arguments; and (3) the cumulative effect of the trial court’s evidentiary error and prosecutorial misconduct constitutes reversible error. After thorough review, we affirm the judgments of the trial court.