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Posted by: Landry Butler on May 11, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Claiborne H. Ferguson (on appeal) and Shannon McKenna (at trial), Memphis, Tennessee, for the appellant, Justus Onyiego.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Abby Wallace, and Samuel Winnig, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): OGLE

A Shelby County Criminal Court Jury convicted the Appellant, Justus Onyiego, of two counts of aggravated rape, a Class A felony. After a sentencing hearing, the trial court merged the convictions and sentenced him to seventeen years in confinement. On appeal, the Appellant contends that the trial court denied his right to due process by failing to dismiss the indictment due to the State’s ten-year preindictment delay, that the trial court erred by failing to strike the testimony of two police officers, that the trial court erred by refusing to admit evidence of the victim’s prior sexual behavior under Tennessee Rule of Evidence 412, and that a prosecutor’s failure to correct false statements during closing arguments violated Napue v. Illinois, 360 U.S. 264 (1959), and constituted prosecutorial misconduct. Based upon the record and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court.