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Posted by: Tanja Trezise on Mar 18, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

James Higdon (on appeal), Pro Se, and Michael G. Hatmaker and Donald Brent Gray (at trial), Jacksboro, Tennessee, for the appellant, James Higdon.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Lori Phillips-Jones, District Attorney General; and Steve Garrett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Tommy Higdon, was convicted by a Campbell County Criminal Court jury of three counts of reckless endangerment, Class A misdemeanors, assault, a Class A misdemeanor, and resisting arrest, a Class B misdemeanor. See T.C.A. § 39-13-101, 39-13- 103, 39-16-602 (2010). He was sentenced to concurrent sentences of eleven months, twentynine days for the reckless endangerment and assault convictions and six months for the resisting arrest conviction, all to be served on probation. On appeal, the Defendant contends that (1) his Fifth Amendment rights were violated because the indictment was improperly amended and a defect existed in the grand jury proceedings, (2) he was denied his right to confront witnesses against him, (3) his right to a speedy trial was violated, (4) his three reckless endangerment convictions violate principles of double jeopardy, and (5) he received the ineffective assistance of counsel. We affirm the judgments of the trial court.