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Posted by: Amelia Ferrell Knisely on Dec 28, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen C. Bush, District Public Defender; John Zastrow and Nicholas James Cloud, Assistant Public Defenders (at trial), and Phyllis L. Aluko, Assistant Public Defender (on appeal), Memphis, Tennessee, for the Defendant-Appellant, Victor Dyson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Josh Corman, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

The Defendant-Appellant, Victor Dyson, was convicted by a Shelby County jury of two counts of aggravated assault and one count of theft of property valued at less than five hundred dollars. As a Range III, persistent offender, he was sentenced to fifteen years, eleven months and twenty-nine days in the Tennessee Department of Correction. On appeal, the Defendant-Appellant argues: (1) the trial court erred in admitting evidence of prior bad acts in violation of Tennessee Rules of Evidence 403 and 404(b); (2) the trial court erred in refusing to instruct the jury on the law of self-defense; (3) the trial court erred by denying the Defendant-Appellant?s motion for new trial based on insufficient evidence; (4) the trial court erred in denying the Defendant-Appellant?s motion for a mistrial after the prosecutor referred to the trial court?s refusal to instruct on self-defense; and (5) the trial court committed cumulative errors which, taken together, denied the Defendant-Appellant his constitutional right to a fair trial. Upon our review, we affirm the judgments of the trial court.