All Content

Posted by: Tanja Trezise on May 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Carrie Searcy (at trial and on appeal) and Carla Arevalo (at trial), Nashville, Tennessee, for the appellant, Vermaine M. Burns.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Kim R. Helper, District Attorney General; and Mary Catherine White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Vermaine M. Burns (“the Defendant”) was convicted of several sexual offenses, all stemming from illicit Facebook chats (“chats”) and emails between himself and the victim, K.P. On appeal, the Defendant raises three issues: (1) whether the trial court abused its discretion by admitting into evidence the Defendant’s chats with the victim and an emailed photo of a penis; (2) whether the evidence was sufficient to support the jury’s finding that the Defendant was the author of the communications; and (3) whether the trial court erred by prohibiting the Defendant from referring to a fake Facebook profile created by the Defendant’s stepdaughter. After a review of the record and applicable law, we affirm the judgments of the trial court.