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Posted by: Tanja Trezise on Apr 25, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Scott Justice (at motion for a new trial and on appeal); Carl R. Ogle, Jr. (at sentencing hearing, motion for a new trial, and on appeal), Jefferson City, Tennessee; and Greg Eichelman (advisory counsel at trial), District Public Defender, for the Defendant, Danielle White.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and David R. Baker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Danielle White, was convicted of two counts of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2006) (amended 2009, 2010, 2011). She received sentences for each conviction of three years and six months, with four months to be served in jail. The sentences are to be served concurrently. On appeal, she contends that (1) the trial court erred in failing to appoint counsel and in allowing her to represent herself; (2) the trial judge erred in failing to recuse himself, and denying her a fair trial; (3) the grand jury foreman was not selected constitutionally because there was a systematic exclusion based upon gender, race, and ethnicity; (4) the indictment was invalid because no grand jury foreman was appointed; (5) the trial court erred in using a jury selection process that was not in accord with the relevant statute; (6) the trial court erred in denying the motion to suppress; and (7) there was prosecutorial misconduct when the assistant district attorney referred to the Defendant’s invoking her right to counsel. We affirm the judgments of the trial court.