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Posted by: Tanja Trezise on Sep 23, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

W. Justin Adams (on appeal) and Gina Crawley (at trial), Nashville, Tennessee, for the appellant, Brian Caswell McGrowder.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Sara Davis and Buki Baruwa, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Davidson County Criminal Court Jury convicted the appellant, Brian Caswell McGrowder, of statutory rape by an authority figure, a Class C felony, and aggravated statutory rape, a Class D felony. The trial court merged the latter conviction into the former and sentenced him to three years in confinement. On appeal, the appellant challenges (1) the trial court’s refusal to grant a fourteen-day continuance after the court granted the State’s motion to amend the superseding indictment, (2) the sufficiency of the evidence for statutory rape by an authority figure, (3) the trial court’s failure to define “position of trust” for the jury, and (4) the State’s commission of prosecutorial misconduct during its opening statement and closing arguments. Upon review, we affirm the judgments of the trial court.