State of Tennessee v. Willie Earl Brown, Jr.

Following a jury trial, the Defendant was convicted of 11 counts of rape of a child, a Class A felony, and was sentenced to an effective sentence of 74 years. In this appeal as of right, the defendant contends that (1) the evidence was insufficient to sustain his convictions of rape of a child in counts 13 and 14; (2) the defendant's conviction of rape of a child in counts 4 and 5 violated the principles of double jeopardy; (3) the trial court erred in admitting evidence of uncharged conduct in violation of Tennessee Rule of Evidence 404(b); (4) the trial court erred in refusing to allow cross-examination of the victim regarding her pregnancy; (5) the trial court erred in admitting statements from a clinical social worker that were not obtained for the purpose of medical diagnosis and treatment; and (6) the trial court erred in sentencing the defendant. Following our review, we conclude that the trial court erroneously admitted evidence of the defendant's uncharged sexual conduct with the victim and that this error was not harmless. Accordingly, we reverse the judgments of the trial court and remand the defendant's case for a new trial.