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Posted by: Amelia Ferrell Knisely on May 31, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Michael E. Scholl (on appeal), Memphis, Tennessee; Stephen C. Bush, District Public Defender; and Jim Hale and Trent Hall, Assistant Public Defenders, for the appellant, Travis Tate.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Greg Gilbert and Omar Malik, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Travis Tate, appeals from his convictions of second degree murder, attempted voluntary manslaughter, and employment of a firearm during the commission of a dangerous felony and from his effective sentence of forty years. Defendant raises the following issues on appeal: (1) whether there was sufficient evidence to support the convictions; (2) whether the trial court erred by admitting hearsay evidence at trial; (3) whether the trial court inaccurately advised Defendant during the Momon hearing; (4) whether the trial court erred by refusing to instruct the jury on self-defense; (5) whether the trial court erred by instructing the jury to correct its verdict on employment of a firearm; and (6) whether the trial court abused its discretion during sentencing. We affirm the judgments of the trial court with respect to the first two convictions, but we modify the judgment with respect to the employment of a firearm conviction.