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Posted by: Tanja Trezise on Oct 1, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Francis X. Santore, Jr., Greeneville, Tennessee, for the appellant, Jessica M. Myers.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; C. Berkeley Bell, District Attorney General; and Cecil C. Mills, Jr. and Ritchie Collins, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Jessica M. Myers, was indicted on one count of first degree (premeditated) murder of Jimmy Cutshall, three alternative counts of first degree (felony) murder of Jimmy Cutshall, and one count of attempt to commit first degree murder of Rhonda Cutshall. A jury found her guilty of the first four counts as charged and of the lesser-included offense of reckless endangerment on the fifth count. The trial court merged the felony murder convictions. The defendant was sentenced to life in prison for counts one and two, and she was sentenced to serve eleven months and twenty-nine days on count five, with all sentences to be served concurrently. On appeal, the defendant challenges the sufficiency of the evidence, an alleged defect in the indictment in count one, and the admission of certain postmortem photographs as cumulative evidence at trial. Having reviewed the record, we affirm the judgments of the trial court.