All Content

Posted by: Chandra Williams on Nov 5, 2015

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

M. Jeffrey Whitt (at trial and on appeal), Knoxville, Tennessee; and Randall E. Reagan (on appeal), Morristown, Tennessee, for the appellant, Jordan Thomas Peters.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Barry P. Staubus, District Attorney General; Kent Chitwood and Lesley A. Tiller, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Jordan Thomas Peters, was convicted of one count of delivery of psilocin, a Schedule I controlled substance, and one count of delivery of psilocin within 1000 feet of a school. Defendant received a total effective sentence of fifteen years to serve at 100%. On appeal, Defendant raises the following issues: (1) whether a retrial for delivery of a controlled substance violated the constitutional protection against double jeopardy after Defendant was originally acquitted of sale of a controlled substance; (2) whether the trial court erred in denying his motion to compel discovery of the case names and files of other cases in which the confidential informant had been involved; (3) whether the trial court erred by giving acquittal-first jury instructions, precluding the jury from considering the inference of casual exchange; (4) whether the trial court erred in not giving a specific instruction with regard to the defense of entrapment by luring into a school zone; (5) whether the evidence was sufficient to support his convictions; and (6) whether his sentence was grossly disproportionate to the crime committed and therefore unconstitutional. Upon our thorough review of the arguments, record, and authorities, we affirm the judgments of the trial court.