State of Tennessee v. Joseph E. Skelton

Following Defendant’s conviction for aggravated assault, this Court granted his application for extraordinary appeal pursuant to Tenn. R. App.  P. 10 to determine whether a second trial on the matter of guilt for attempted first degree murder, an offense charged in Defendant’s first trial but upon which the jury could not reach a unanimous verdict, would violate principles of double jeopardy. After a review of the facts and relevant law, we dismiss the count of the presentment charging attempted first degree murder and remand this case for sentencing on his conviction for aggravated assault.