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Posted by: Brittany Sims on Dec 23, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Kenneth L. Miller, Cleveland, Tennessee, for the appellant, Robert Charles Taylor.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; R. Steven Bebb, District Attorney General; and Cynthia A. LeCroy-Schemel, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Petitioner, Robert Charles Taylor, appeals the Bradley County Criminal Court’s denial of his petition for post-conviction relief from his 2006 conviction for attempt to commit rape of a child. The Petitioner was originally sentenced to thirty years’ confinement, but the court granted post-conviction relief and reduced his sentence to twelve years. The Petitioner contends that he was prejudiced by (1) counsel’s failure to ensure his presence during jury selection, (2) counsel’s failure to request a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), and (3) the trial judge’s entry into the jury room during deliberations. We reverse the judgement of the trial court and vacate the conviction because the Petitioner was denied his right to be present for the jury selection process.