STATE OF TENNESSEE v. JONATHAN ALAJEMBA - Articles

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Posted by: Tanja Trezise on Nov 12, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

L. Gilbert Anglin, Murfreesboro, Tennessee, for the appellant, Jonathan Alajemba.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Trevor Lynch and Shawn Puckett, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Jonathan Alajemba, appeals his Rutherford County Circuit Court jury convictions of felony murder, second degree murder, attempted first degree murder, attempted voluntary manslaughter, aggravated assault, reckless aggravated assault, aggravated burglary, attempted especially aggravated robbery, and facilitation of conspiracy to commit especially aggravated robbery, claiming a violation of his right to a speedy trial; that the trial court erred by denying his motion to suppress the statement he made to police and his motion for transcription of witness statements; that the trial court erred by declaring a witness unavailable for the purpose of admitting prior testimony; that the evidence was insufficient to support his convictions of first degree felony murder, facilitation of conspiracy to commit especially aggravated robbery, attempted especially aggravated robbery, and aggravated burglary; that the trial court made several erroneous evidentiary rulings; and that the State committed prosecutorial misconduct during closing argument. Because the evidence was insufficient to support the convictions of aggravated burglary and felony murder in the perpetration of or attempt to perpetrate a burglary, those convictions are reversed, and the charges are dismissed. The felony murder convictions predicated upon robbery and theft remain unaffected. The trial court’s judgments are affirmed in all other respects.

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