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Posted by: Tanja Trezise on Sep 26, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Timothy Boxx, Dyersburg, Tennessee, for the appellant, Gene Luigi Atkins.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Phillip Bivens, District Attorney General; and Karen Burns, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Gene Luigi Atkins, was convicted of one count of initiation of methamphetamine manufacture process, a Class B felony. On appeal, he contends that the evidence is insufficient to support his conviction; that the trial court erred by permitting a police officer to testify as an expert beyond the scope of Tennessee Code Annotated section 39-17-435(d) (2010); that the trial court erred by not subjecting the officer’s testimony to the requirements of Tennessee Rules of Evidence 702 and 703; and that the failure to specify the parameters in which an officer was treated as an expert amounted to plain error because the trial court found that the expert testimony was sufficient corroboration to support a codefendant’s testimony. Following our review, we affirm the judgment of the trial court.