TBA Law Blog

Posted by: Barry Kolar on Jun 24, 2016

The Tennessee Supreme Court today ruled that a man convicted in Memphis of aggravated assault is entitled to a new trial because the prosecution did not properly elect an offense for the jury to consider. Michael Smith was charged with one instance of aggravated assault involving his one-time girlfriend. The Supreme Court determined that the jury heard evidence of more than one instance that could establish guilt for aggravated assault, but the law requires the prosecution to elect only one such instance upon which the jury would deliberate. Read the full opinion.