State of Tennessee v. Jonathan Ray Swanner

A Knox County Criminal Court jury convicted the  defendant, Jonathan Ray Swanner, of three counts of rape of a child, see T.C.A. § 39-13-522 (2006), and one count of aggravated sexual battery, see id. § 39-13-504(a)(4). The trial court imposed sentences of 24 years’ incarceration for each rape of a child conviction and 11 years’ incarceration for the aggravated sexual battery conviction, to be served concurrently at 100 percent. In addition to challenging the sufficiency of the evidence on appeal, the defendant contends that the trial court’s ruling that the defendant could not testify about the victim’s prior allegation of molestation resulted in a denial of the defendant’s right to testify; that the trial court erred by allowing the State to use leading questions in its direct examination of the victim; that the trial court erred by allowing the State to introduce extrinsic evidence of a prior inconsistent statement to impeach the victim; that the State violated the rules of discovery by not disclosing the victim’s statement prior to trial; and that the trial court erred by not giving a limiting jury instruction regarding prior inconsistent statements. Discerning no error, we affirm the judgments of the trial court.