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Posted by: Chandra Williams on Jun 27, 2016

Head Comment: Corrections are: 1. Page 4, paragraph three, line seven - "he" is changed to "the" between the words "that" and "victim's" 2. Page 7, paragraph four, line seven - "the" deleted from between the words "said" and "it" 3. Page 9, paragraph two, line eleven - "2" changed to "4" between the words "face" and "like"

Court: TN Court of Criminal Appeals

Attorneys 1:

Randal R. Boston, Crossville, Tennessee; and Kevin R. Bryant, Crossville, Tennessee, for the appellant, John Russell Giles, Jr.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Bryant C. Dunaway, District Attorney General; and Philip Hatch and Caroline Elizabeth Knight, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial, the Defendant, John Russell Giles, Jr., was convicted of premeditated first degree murder and sentenced to imprisonment for life. See Tenn. Code Ann. § 39-13-202. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction; (2) that the trial court erred “in refusing to fashion a remedy” for alleged discovery violations made by the State; (3) that the trial court admitted in violation of Tennessee Rule of Evidence 404(b) evidence that, the day before the murder, the Defendant had conducted internet searches for and visited pornographic websites depicting women being raped; (4) that one of the State’s witnesses “perjured himself,” and the trial court did not allow the witness to be recalled for further cross-examination; and (5) that the State was allowed to argue a time of death that differed from the time of death provided in the bill of particulars.2 Following our review, we affirm the judgment of the trial court.