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Posted by: Chandra Williams on Oct 12, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Mitchell Wood (on appeal), Samuel Perkins and James Jones (at trial), Memphis, Tennessee, for the appellant, Terrell Smith.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Nicole Germain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Terrell Smith, was convicted by a Shelby County Criminal Court jury of attempted voluntary manslaughter, a Class D felony; possession of a firearm on school property, a Class E felony; and employment of a firearm during the commission of a dangerous felony, a Class C felony. He was sentenced to an effective term of eight years in the Department of Correction. On appeal, he argues that: (1) the trial court erred in allowing the victim to display scars from his gunshot wounds to the jury; (2) the State committed prosecutorial misconduct by introducing evidence of the defendant’s prior conviction for unlawful possession of a weapon via cross-examination of his mother and the court should have, thus, declared a mistrial; and (3) the evidence is insufficient to sustain his conviction for attempted voluntary manslaughter. After review, we affirm the judgments of the trial court.