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Posted by: Landry Butler on Sep 27, 2016

Head Comment: With Concurring and Dissenting Opinion by Williams

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Thomas Marshall, Jr., District Public Defender, Clinton, Tennessee, for the appellant, Michael D. Hernandez.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Dave Clark, District Attorney General; and Victoria Bannach, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

An Anderson County Circuit Court Jury convicted the appellant, Michael D. Hernandez, of one count of rape of a child, and he received a twenty-five-year sentence to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the conviction; that the trial court erred by refusing to give him access to the victim's statement in an investigator's notes; that the trial court erred by failing to conduct an in camera review of the notes for exculpatory material; that the trial court erred by denying his motion to suppress evidence found in his home; that the trial court erred by defining "on or about" for the jury; that the trial court erred by giving sequential jury instructions; and that cumulative error warrants a new trial. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the trial court.