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Posted by: Stacey Shrader Joslin on Aug 22, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

David Harris (at motion for new trial hearing and on appeal); and Patrick T. McNally (at trial), Nashville, Tennessee, for the appellant, Mervan Eyup Ibrahim.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Amy Hunter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial, the Defendant, Mervan Eyup Ibrahim, was convicted of two counts of aggravated rape, a Class A felony. See Tenn. Code Ann. § 39-13-502. The trial court subsequently sentenced the Defendant to twenty-five years' incarceration to be served at one hundred percent. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his convictions because the State failed to prove that the victim suffered a bodily injury; (2) that the trial court erred in denying his motion to suppress his interview with the police; (3) that the trial court erred in admitting the audio recording of a 911 call; (4) that the trial court erred in allowing a witness to read, verbatim, portions of a report made during a forensic medical examination of the victim and in admitting that report into evidence; (5) that the trial court erred in denying his motion for a mistrial after one of the witnesses stated that the Defendant “had engaged in the illegal sale of marijuana and the illegal acquisition of Xanax pills” on the night of the offenses; and (6) that the State committed prosecutorial misconduct during its rebuttal closing argument. Following our review, we affirm the judgments of the trial court.