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Posted by: Tanja Trezise on Dec 6, 2013

Head Comment: With Dissenting Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

Dawn Deaner, District Public Defender; Jeffrey A. DeVasher (on appeal), Kristin Neff (at trial), and Joseph Michael Engle (at trial), Assistant District Public Defenders, for the appellant, Glenn Lydell McCray.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Hugh T. Ammerman, III, and Michelle Delgato, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Tennessee Supreme Court has remanded this case for reconsideration in light of State v. Terrance Antonio Cecil, No. M2011-01210-SC-R3-CD, 409 S.W.3d 599 (Tenn. 2013). See State v. Glenn Lydell McCray, No. M2011-02411-CCA-R3-CD (Tenn. Crim. App. May 2, 2013), perm. app. granted, case remanded (Tenn. Oct. 16, 2013). Relevant to the current remand, this court concluded in the previous appeal that although the jury was not properly instructed pursuant to State v. White, 362 S.W.3d 559 (Tenn. 2012), regarding the especially aggravated kidnapping conviction, the error was harmless beyond a reasonable doubt and affirmed the judgments of the trial court. Upon further review, we conclude that the omission of the White instruction was not harmless beyond a reasonable doubt and that the conviction for especially aggravated kidnapping is reversed, and the case is remanded for a new trial. The remaining judgments of the trial court are affirmed.