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Posted by: Tanja Trezise on Mar 10, 2015

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Rob McKinney, Nashville, Tennessee, for the appellant, Thomas Lee Carey, Jr.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Rob McGuire and Paul Dewitt, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In 1998, Thomas Lee Carey, Jr. (“the Defendant”) was indicted in connection with the 1996 death of Michael Dickerson. The State entered a nolle prosequi as to the charges in 1999. In 2010, the Defendant was re-indicted for the same incident. After a trial, the jury returned guilty verdicts of first degree felony murder, second degree murder, and especially aggravated kidnapping. The Defendant raises four issues on appeal: (1) whether the evidence is sufficient to support his conviction for felony murder; (2) whether the trial court erred in denying the Defendant’s motion for speedy trial; (3) whether the trial court erred in admitting the testimony of a medical examiner who did not conduct the autopsy of the victim; and (4) whether the trial court erred by allowing the State to recall a witness. After a review of the record and applicable law, we affirm the judgments of the trial court.