STATE OF TENNESSEE v. KAYLN MARIE POLOCHAK - Articles

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Posted by: Tanja Trezise on Jan 16, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael Savage, Livingston, Tennessee, for the appellant, Kayln Marie Polochak.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Randall York, District Attorney General; and Mark E. Gore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Kayln Marie Polochak, was convicted by an Overton County Criminal Court jury of first degree premeditated murder, first degree felony murder, conspiracy to commit first degree murder, a Class A felony, especially aggravated robbery, a Class A felony, and theft, a Class D felony. See T.C.A. §§ 39-13-202, 39-13-103, 39-13-403, 39-14-103 (2014). The trial court merged the first degree and felony murder convictions and imposed a life sentence. The court also imposed concurrent sentences of fifteen years at 30% service for conspiracy to commit first degree murder, fifteen years at 100% service for especially aggravated robbery, and two years at 30% service for theft. 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 her pretrial statements, (4) the trial court erred by refusing to exclude the video recording of the crime scene depicting the victim’s body at the scene and a photograph taken during the victim’s autopsy, (5) the trial court erred by excluding evidence of the victim’s fear of the codefendant, (6) the trial court erred by excluding witness testimony related to the Defendant’s mother’s consenting to police questioning of the Defendant, (7) the trial court erred by failing to provide an intoxication jury instruction, (8) the trial court erred by failing to provide a duress jury instruction, (9) the mandatory life imprisonment sentence violates the federal and Tennessee constitutional prohibitions against cruel and unusual punishment, and (10) the juvenile court erred by transferring her case to the criminal court. We affirm the judgments of the trial court.

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