State v. Frausto
Annotate this CaseAfter a jury trial, Defendant was found guilty of two counts of aggravated sexual battery. The Court of Appeals affirmed Defendant’s conviction and sentence, holding (1) the trial court erred by deviating from the requirements of Tenn. R. Crim. P. 24 during the jury selection process, but that error neither interfered with Defendant’s ability to fully exercise his peremptory challenges nor prejudiced him; and (2) Defendant’s remaining issues were without merit. The Supreme Court vacated Defendant’s conviction, holding (1) the evidence was sufficient to support Defendant’s conviction of aggravated sexual battery; but (2) the trial court’s deviations from the prescribed jury selection procedures in Rule 24 prejudiced the judicial process, and therefore, this matter must be remanded for a new trial.
Court Description: Authoring Judge: Justice Cornelia A. Clark
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