STATE OF TENNESSEE v. MICHAEL LYNN POSTON - Articles

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Posted by: Tanja Trezise on Jan 28, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

John P. Partin (post-trial and on appeal), McMinnville, Tennessee; and Samuel J. Harris (at trial), Cookeville, Tennessee, for the appellant, Michael Lynn Poston.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Randall A. York, District Attorney General; and, Philip Hatch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Michael Lynn Poston, appeals his White County Criminal Court jury conviction of aggravated sexual battery claiming that (1) the trial court erred by denying his motion for recusal; (2) the trial court erred by denying his motion for change of venue; (3) the trial court erred by failing to swear the victim prior to her testimony; (4) the trial court erred by admitting certain hearsay testimony; (5) the evidence was insufficient to support his conviction; and (6) the sentence was excessive. Discerning no error, we affirm the judgment of the trial court.

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