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Posted by: Stacey Shrader Joslin on Oct 14, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard M. Brooks, Carthage, Tennessee, for the Defendant-Appellant, Gary Mitchell Hestand.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Randall A. York, District Attorney General; and Mark E. Gore, Deputy District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Gary Mitchell Hestand, was convicted by a Clay County jury of assault upon a law enforcement officer, a Class A misdemeanor, and resisting arrest, a Class B misdemeanor. The trial court imposed an effective sentence of eleven months and twenty-nine days, suspended to supervised probation. On appeal, the Defendant argues that: (1) the trial court erred by refusing to grant a new trial based on destroyed evidence; (2) the trial court erred by not allowing the Defendant to deploy a taser for demonstrative purposes; (3) the evidence is insufficient to support his convictions; (4) the trial court erred by not setting reasonable time limits for the length of the trial days; and (5) the trial court abused its discretion in not dismissing a biased juror for cause. Discerning no error, we affirm the judgments of the trial court.