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Posted by: Tanja Trezise on Aug 9, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

William Bart Highers, Gallatin, Tennessee, for the appellant, Keith C. Buckalew.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Michelle Consiglio-Young, Assistant Attorney General; Lawrence R. Whitley, District Attorney General; and Bryna L. Grant and Jayson C. Criddle, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Keith C. Buckalew, was convicted by a Sumner County Criminal Court jury of solicitation of a minor to observe sexual conduct, a Class E felony, and assault, a Class B misdemeanor, and was sentenced to respective terms of four years and six months, to be served consecutively. On appeal, the defendant argues that: (1) the trial court erred in allowing the hearsay testimony of two minors under the excited utterance exception to the hearsay rule; (2) the trial court erred in failing to limit, in the second trial, the victim’s testimony about the defendant’s touching her breast; and (3) the trial court erred in failing to limit testimony of the State’s witnesses regarding the defendant’s consumption of alcohol. We conclude that the defendant has waived review of these claims and, accordingly, affirm the judgments of the trial court.