STATE OF TENNESSEE v. STEPHAN RICHARDSON - Articles

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Posted by: Landry Butler on Feb 12, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Brett B. Stein (at trial and on appeal) and Robert Golder (on appeal), Memphis, Tennessee, for the appellant, Stephan Richardson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin E.D. Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Charles Summers III, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

Following a jury trial, the Defendant, Stephan Richardson, was convicted of aggravated robbery, aggravated burglary, employment of a firearm during the commission of a dangerous felony, and unlawful possession of a handgun by a convicted felon. On appeal, the Defendant contends that (1) the trial court erred by failing to suppress his statement because the “officers unreasonably delayed booking [him] in order to” secure his statement and because his statement was involuntarily given; (2) his conviction for employing a firearm during the commission of a dangerous felony is invalid because the indictment failed to specify the predicate dangerous felony; and (3) the trial court erred by refusing to sever or bifurcate the unlawful possession of a handgun by a convicted felon offense from the other three counts, thereby, preventing him from receiving a fair trial. Following our review, we affirm the Defendant’s convictions for aggravated robbery, aggravated burglary, and unlawful possession of a handgun by a convicted felon. However, because the jury was charged with a nonexistent crime regarding the employment of a firearm during the commission of a dangerous felony conviction, we reverse that conviction and remand that count for a new trial.

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