STATE OF TENNESSEE v. BRYAN ANTHONY CAPPS - Articles

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STATE OF TENNESSEE v. BRYAN ANTHONY CAPPS

Posted by: Azya Thornton on Dec 17, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Bryan Anthony Capps.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Lacy E. Wilber, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and Heather Good and Ashley McDermott, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GREENHOLTZ

A Knox County jury convicted the Defendant, Bryan Anthony Capps, of two counts of sexual battery, two counts of sexual battery by an authority figure, and one count of violating the Sexual Offender Registry. The trial court sentenced the Defendant to an effective eight-year sentence to be served in the Tennessee Department of Correction. In his appeal, the Defendant argues that (1) the evidence was insufficient to show that the Defendant qualified as an authority figure or that he conducted an overnight visit at a residence with minors present; (2) the trial court’s oath as administered to the minor witnesses, which included a “pinky promise,” amounted to an improper comment on their credibility; (3) the trial court erred by allowing the prosecution to question a defense witness about felony convictions more than ten years old; and (4) the trial court erred by denying split confinement and by imposing consecutive sentences. Upon our review, we respectfully affirm the judgments of the trial court.

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