State of Tennessee v. Glenn Lydell McCray

Case Number
M2011-02411-CCA-R3-CD

The Tennessee Supreme Court has remanded this case for reconsideration in light of State v. Terrance Antonio Cecil, No. M2011-01210-SC-R3-CD, 409 S.W.3d 599 (Tenn. 2013).   See State v. Glenn Lydell McCray, No. M2011-02411-CCA-R3-CD (Tenn. Crim. App. May 2, 2013), perm. app. granted, case remanded (Tenn. Oct. 16, 2013).  Relevant to the current remand, this court concluded in the previous appeal that although the jury was not properly instructed pursuant to State v. White, 362 S.W.3d 559 (Tenn. 2012), regarding the especially aggravated kidnapping conviction, the error was harmless beyond a reasonable doubt and affirmed the judgments of the trial court.  Upon further review, we conclude that the omission of the White instruction was not harmless beyond a reasonable doubt and that the conviction for especially aggravated kidnapping is reversed, and the case is remanded for a new trial.  The remaining judgments of the trial court are affirmed.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge Monte Watkins
Case Name
State of Tennessee v. Glenn Lydell McCray
Date Filed
Dissent or Concur
This is a dissenting opinion
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