STATE OF TENNESSEE v. CHEYNE R. STEWART - Articles

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Posted by: Tanja Trezise on May 22, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

B. Jeffery Harmon, District Public Defender; Kandi Nunley and Christina S. Gifford, Assistant Public Defenders (on appeal); and Jerry H. Summers and Marya L. Schalk (at trial), Chattanooga, Tennessee, for the appellant, Cheyne R. Stewart.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; J. Michael Taylor, District Attorney General; and Steven H. Strain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Cheyne R. Stewart, was convicted by a Franklin County Circuit Court jury of criminal attempt to commit sexual battery, a Class A misdemeanor. See T.C.A. §§ 39-13- 505(a)(3) (2014) (sexual battery), 39-12-101 (2014) (attempt). The trial court sentenced him to eleven months, twenty-nine days of probation. On appeal, he contends that (1) the evidence is insufficient to support his conviction, (2) the court erred by failing to provide his requested jury instructions, (3) the court erred by limiting defense counsel’s questioning of character witnesses, (4) the court committed plain error by failing to instruct the jury on a lesser included offense, and (5) the court erred by failing to fulfill its duties as the thirteenth juror. We affirm the judgment of the trial court.

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