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Posted by: Tanja Trezise on Sep 9, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

William D. Massey and Lorna McClusky, Memphis, Tennessee, for the appellant, Brice Cook.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and David Zak and Nicole Germain, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

A jury convicted the defendant, Brice Cook, of premeditated first degree murder after the defendant shot the victim, Shantell Lane. The defendant was sentenced to life imprisonment. The defendant appeals, asserting that the trial court erred in: (1) allowing a witness to offer lay opinion testimony; (2) denying the defendant’s request for a copy of a witness’s prior statement to police; (3) allowing certain hearsay testimony; (4) refusing to grant a mistrial when a witness referred twice to the defendant’s previous trial; (5) giving limiting instructions to the jury over the defendant’s objection; (6) allowing prosecutorial misconduct during closing argument; and (7) refusing to excuse for cause potential jurors who exhibited a bias against a defendant’s exercise of his or her right to remain silent. After a thorough review of the record, we conclude that there is no reversible error. Accordingly, we affirm the judgment of the trial court.