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Posted by: Suzanne Craig Robertson on Jun 4, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

R. Todd Mosley, Memphis, Tennessee, for the appellant, Coy McKaughan.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy P. Weirich, District Attorney General; Jennifer Nichols and Terre Fratesi, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

In this appeal, the Defendant contends that the trial court committed reversible error by admitting the video-recorded forensic interview of the child-victim at trial. Specifically, he contends that the admission of the interview was improper for the following reason: Tennessee Code Annotated section 24-7-123, the statute under which the video interview was admitted, is unconstitutional because it is in conflict with the existing rules of evidence and established case law and violates the separation of powers clause of the Tennessee Constitution. After reviewing the record and the applicable authorities, we affirm the judgment of the trial court.