STATE OF TENNESSEE v. BRIAN LACKLAND - Articles

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Posted by: Landry Butler on Jan 18, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Monica Timmerman (on appeal) and Handel Durham (at trial), Memphis, Tennessee, for the appellant, Brian Lackland.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Colin Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Defendant, Brian Lackland, was indicted by the Shelby County Grand Jury in two separate indictments for aggravated robbery, aggravated burglary, attempted first degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony. The indictments were consolidated for trial. A jury found Defendant guilty of simple assault, aggravated burglary, attempted first degree murder, and employing a firearm during the commission of a dangerous felony. The charge for aggravated assault was dismissed. Defendant was sentenced to a total effective sentence of twenty-three years. Between the trial and the hearing on the motion for new trial, the victim signed an affidavit recanting his trial testimony. The trial court denied the motion for new trial, finding that the victim's recantation was not credible. On appeal, Defendant challenges the sufficiency of the evidence and the trial court's denial of the motion for new trial. Because the evidence was sufficient to support the convictions and the trial court did not abuse its discretion in denying the motion for new trial, the judgment of the trial court is affirmed.

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