STATE OF TENNESSEE v. JESSICA KENNEDY - Articles

All Content


Posted by: Barry Kolar on Jul 31, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

John E. Eldridge, Knoxville, Tennessee, for the appellant, Jessica Kennedy.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Kyle Hixson, Assistant Attorney General; Steven Bebb, District Attorney General; and James H. Stutts and Steve Morgan, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Jessica Kennedy, was convicted by a Monroe County Criminal Court jury of facilitation of felony murder, a Class A felony, facilitation of aggravated robbery, a Class C felony, facilitation of burning personal property, a Class A misdemeanor, and facilitation of abuse of a corpse, a Class A misdemeanor. See T.C.A. §§ 39-13-202, 39-13-402, 39-14-303, 13-17-312,39-11-402, 39-11-403 (2010). The trial court sentenced the Defendant as a Range I, standard offender to concurrent sentences of twenty-two years for facilitation of felony murder, five years for facilitation of aggravated robbery, eleven months, twenty-nine days for facilitation of burning personal property, and eleven months, twenty-nine days for facilitation of abuse of a corpse. On appeal, she contends that (1) the evidence is insufficient to support her convictions, (2) the trial court erred by denying her motion for a judgment of acquittal, (3) the trial court erred by denying her motion to suppress, (4) the trial court erred by failing to grant a mistrial related to the testimony of Tennessee Bureau of Investigation (TBI) Special Agent Barry Brakebill, (5) the trial court erred by permitting the State to call witnesses not listed on the indictment, (6) the trial court erred by making improper statements related to her recorded police interview and by failing to grant a mistrial, (7) the trial court erred by limiting the testimony of a psychologist, (8) the trial court erred by denying her ex parte motion for funds to secure an expert, (9) the trial court erred by overruling her motions to dismiss and to disqualify the prosecutor and the district attorney general’s office, and (10) the trial court erred by misapplying mitigating and enhancement factors during sentencing. We affirm the judgments of the trial court.

Attachments: