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Posted by: Tanja Trezise on Jun 28, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Justin Woodard, (at trial); David C. Veazey, (on appeal) Chattanooga, Tennessee, for the Defendant-Appellant, Malcolm Witherow.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; William H. Cox, III, District Attorney General; M. Neal Pinkston and Brian S. Finlay, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

A Hamilton County jury convicted the Defendant-Appellant, Malcolm Witherow, of first degree murder for which he received a sentence of life imprisonment. On appeal, Witherow argues the evidence was insufficient to support his conviction, the trial court erred in not allowing prior inconsistent recorded statements by a witness to be admitted as substantive evidence under Tennessee Rule of Evidence 803(26), and the trial court erred in denying his motion for mistrial based upon statements the prosecutor made in closing argument. Discerning no reversible error, we affirm the judgment of the trial court.