STATE OF TENNESSEE V. RODNEY STEPHENS - Articles

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Posted by: Landry Butler on Jun 16, 2017

Court: TN Supreme Court

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Andre´e S. Blumstein, Solicitor General; Andrew C. Coulam, Assistant Attorney General; William Paul Phillips, District Attorney General; and Leif E. Jeffers, Assistant District Attorney General, for the appellant, the State of Tennessee.

Attorneys 2:

Michael G. Hatmaker, Jacksboro, Tennessee, for the appellee, Rodney Stephens.

Judge(s): BIVINS

We granted the State’s application for permission to appeal in this case in order to determine whether the Court of Criminal Appeals erred in concluding that the evidence was not sufficient to support the Defendant’s conviction of aggravated stalking. The Court of Criminal Appeals reduced the Defendant’s conviction to misdemeanor stalking after concluding that the State had not adduced sufficient evidence to establish that the Defendant knowingly violated an order of protection. We hold that the Court of Criminal Appeals misapplied the standard of review and so committed reversible error. Because the proof was sufficient to support the jury’s determination that the Defendant had actual knowledge of the order of protection issued against him on August 20, 2010, the evidence is sufficient to support the Defendant’s conviction of aggravated stalking. Accordingly, we reverse the judgment of the Court of Criminal Appeals and reinstate the trial court’s judgment.

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