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Posted by: Landry Butler on Sep 7, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Yolanda N. Shedd, Winchester, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; James Michael Taylor, District Attorney General; and Courtney Lynch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Yolanda N. Shedd, was indicted for one count of assault, a Class A misdemeanor. See Tenn. Code Ann. § 39-13-101. The Defendant was ultimately convicted by a jury of the lesser-included offense of attempted assault, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-12-101, -12-107(a), -13-101. The trial court imposed a sentence of six months to be served on unsupervised probation. On appeal, the Defendant contends (1) that she received ineffective assistance of counsel because her trial counsel had a conflict of interest; (2) that she received ineffective assistance of counsel because trial counsel failed to “properly cross-examine” one of the State’s witnesses; and (3) that the trial court improperly interfered with trial counsel’s cross- examination of one of the State’s witnesses. However, our review of the record reveals that the Defendant failed to raise these issues in a timely motion for new trial; thereby, waving full appellate review. Additionally, we conclude that plain error review of the issues is not warranted. Accordingly, we affirm the judgment of the trial court.