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Posted by: Chandra Williams on Nov 6, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Jeff Mueller (at sentencing and on appeal) and Lee Sparks (at trial), Jackson, Tennessee, for the Appellant, Scott L. Bishop.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Madison County Grand Jury indicted Scott L. Bishop (“the Defendant”) with four counts of aggravated sexual battery. Following a jury trial, the Defendant was convicted as charged, and the trial court ordered concurrent sentences for an effective sentence of eleven years? incarceration. On appeal, the Defendant argues that: (1) the trial court erred in denying the Defendant?s motion for judgment of acquittal; (2) the trial court failed to act as a thirteenth juror; (3) the trial court should have granted the Defendant a new trial based on newly discovered alibi and impeachment evidence; (4) the trial court abused its discretion when it allowed the prosecutor to ask leading questions during the direct examination of the nine-year-old victim; (6) a juror?s sleeping during the jury instructions requires a new trial; (7) the sentence imposed by the trial court was excessive; and (8) cumulative error necessitates granting a new trial. Discerning no error, we affirm the judgments of the trial court.