STATE OF TENNESSEE v. KENNETH DARRIN FISHER - Articles

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Posted by: Landry Butler on Sep 15, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

David A. Stuart, Clinton, Tennessee, for the appellant, Kenneth Darrin Fisher.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; David S. Clark, District Attorney General; Emily Abbott and Anthony Craighead, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): MONTGOMERY

The Defendant, Kenneth Darrin Fisher, was convicted by an Anderson County Circuit Court jury of attempted first degree murder, a Class A felony, for which he is serving an eighteen-year sentence as a Range I, standard offender. See T.C.A. §§ 39-12-101 (2014) (criminal attempt), 39-13-202 (2014) (first degree murder). On appeal, he contends that (1) the indictment is deficient, (2) the evidence is insufficient because the State failed to prove the offense occurred before the return of the indictment, (3) the trial court erred in failing to require the State to provide an election of the offense, and (4) the trial court erred in admitting testimony of a law enforcement officer regarding what the officer thought the Defendant would have done if the Defendant had not been stopped by the police. We affirm the judgment of the trial court.

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