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Posted by: Tanja Trezise on Sep 4, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

James R. Hickman, Jr., Sevierville, Tennessee (on coram nobis petition and on appeal); and David S. Wigler, Knoxville, Tennessee (at trial), for the appellant, Mark Lipton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; James B. (“Jimmy”) Dunn, District Attorney General; and George C. Ioannides and Ashley McDermott, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Mark Lipton, was convicted by a Sevier County jury of aggravated assault and received a five-year sentence. On appeal, the Defendant raises the following issues for our review: (1) whether the evidence was sufficient to support his conviction, citing to the inconsistencies in witnesses’ testimony and to the “physical facts rule”; (2) whether the trial court erred in the admission of improper character evidence, alleging both procedural and substantive errors in that ruling; and (3) whether the trial court properly denied his petition for error coram nobis relief by concluding that the new witness’s testimony was not credible.1 After reviewing the record and applicable authorities, we affirm the judgment of the trial court.