STATE OF TENNESSEE v. TIMOTHY DAMON CARTER - Articles

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Posted by: Amelia Ferrell Knisely on Mar 8, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Manuel B. Russ, Nashville, Tennessee, for the appellant, Timothy Damon Carter.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Glenn S. Funk, District Attorney General; Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

A Davidson County jury convicted the Defendant, Timothy Damon Carter, of theft of property valued over $60,000 and of being a felon in possession of a handgun. The trial court sentenced the Defendant as a career offender to a total effective sentence of thirty years in confinement. On appeal, the Defendant contends that: (1) the trial court erred when it determined that he had forfeited his right to counsel; (2) the trial court erred when it denied his motion to suppress evidence seized from his vehicle; (3) the trial court erred when it determined that the State had not committed a Brady violation; (4) the evidence is insufficient to sustain his conviction for theft of property valued over $60,000; (5) the trial court erred when it admitted into evidence a business record and an out-of-court statement pursuant to hearsay exceptions; (6) the trial court erred when it declined to bifurcate the felon in possession of a weapon charge; and (7) the trial court erred when it limited the Defendant?s ability to call witnesses to testify. After a thorough review of the record and applicable authorities, we affirm the trial court?s judgments.