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Posted by: Chandra Williams on Apr 7, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Heather G. Parker, Murfreesboro, Tennessee, for the appellant, Mark Tracy Looney.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Jennings H. Jones, District Attorney General; and Nathan S. Nichols, Assistant District Attorney General, for the appellee, State of Tennessee.


A Rutherford County jury convicted the Defendant, Mark Tracy Looney, of four counts of rape of a child, one count of felony child abuse, and one count of misdemeanor child abuse. The trial court ordered the Defendant to serve an effective sentence of fifty years in prison. On appeal, the Defendant asserts that the trial court erred when it: (1) denied his motions for mistrial; (2) denied his motion to suppress his pretrial statements; (3) refused to grant a new trial based upon the State’s failure to provide a recorded statement by the victim; (4) admitted inadmissible testimony from an expert witness; (5) allowed a witness to refresh her memory by viewing a video recording; (6) determined that the evidence against him is sufficient to sustain his convictions; (7) failed to grant a mistrial in light of a juror’s failure to disclose exposure to pretrial publicity;; and (8) ordered consecutive sentencing. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.