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Posted by: Tanja Trezise on Feb 10, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Clarence E. Pridemore, Jr., Knoxville, Tennessee, for the appellant, Teddy R. Robbins, Jr..

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William P. Phillips, District Attorney General; and Thomas E. Bartlay, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Teddy Russell Robbins, Jr., was indicted by the Scott County Grand Jury for domestic assault, aggravated assault, especially aggravated kidnapping, and aggravated rape based on acts committed against his wife. After a jury trial, Appellant was convicted of all the offenses as charged in the indictment. As a result, he was sentenced to an effective sentence of fifty years in incarceration. After the denial of a motion for new trial, Appellant filed a timely notice of appeal. On appeal, Appellant argues: (1) the evidence was insufficient to sustain the convictions for especially aggravated kidnapping and rape; and (2) the trial court erred by refusing to grant a mistrial. After our review, we determine that the evidence was sufficient to support the convictions, and the trial court did not abuse its discretion in denying a mistrial where the juror in question was dismissed from the jury pool and the trial court issued a curative instruction. Accordingly, the judgments of the trial court are affirmed.