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Posted by: Landry Butler on Feb 24, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Stephen Bush, District Public Defender; and Harry E. Sayle III (on appeal) and Kamilah E. Turner (at trial), Assistant District Public Defenders, for the appellant, David Banks.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Joshua N. Corman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

A jury convicted the Defendant, David Banks, of attempted rape of a child, a Class B felony; two counts of aggravated sexual battery, Class B felonies; and one count of child abuse, a Class A misdemeanor, for crimes he committed against two child victims. The Defendant appeals, asserting that the evidence is insufficient to support the verdicts. The Defendant also asserts that the trial court erred in refusing to permit an employee of the Department of Children's Services (“DCS”) to testify regarding a note she had written which stated that one of the victims had manifested behavioral issues, including lying. Because the evidence was sufficient to allow a rational trier of fact to convict the Defendant and because there was no error in the exclusion of the evidence, we affirm the judgments of the trial court.