STATE OF TENNESSEE v. MICHAEL McVAY - Articles

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Posted by: Tanja Trezise on May 2, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Brett B. Stein, Memphis, Tennessee, for the appellant, Michael McVay.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Amy P. Weirich, District Attorney General; Carrie Shelton, Assistant District Attorney General; and Brooks Yelverton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

A Shelby County jury convicted Defendant, Michael McVay, with rape of a child, aggravated sexual battery, rape, and sexual battery by an authority figure. The trial court sentenced Defendant to serve 25 years for rape of a child, 20 years for aggravated sexual battery, 20 years for rape, and 10 years for sexual battery by an authority figure. The trial court ordered all sentences to run consecutively, with a 100% release eligibility for the first three counts - child rape, aggravated sexual battery, and rape, and a 35% release eligibility for count four, sexual battery by an authority figure, for an effective sentence of 75 years in the Department of Correction. On appeal, Defendant presents the following issues: (1) the trial court erred by excluding evidence of the victim’s sexual behavior; (2) the trial court erred by excluding evidence of the victim’s prior complaint of sexual assault; and (3) the trial court erred by imposing an excessive sentence. Additionally, the State contends the trial court improperly sentenced Defendant on two of his four convictions. After thorough review, we affirm Defendant’s convictions. However, the trial court’s sentencing order is vacated in part and this case is remanded for further proceedings in accordance with this opinion.

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