State of Tennessee v. Deanty Montgomery

Case Number
E2014-01014-CCA-R3-CD

The Defendant, Deanty Montgomery, appeals as of right from his jury convictions for aggravated assault, unlawful possession of a weapon, and misdemeanor reckless endangerment, which resulted in an effective five-year sentence. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court properly permitted the State‘s argument that the Defendant was engaged in unlawful activity and was, therefore, not excused from the duty to retreat under a theory of self-defense; (2) whether the trial court committed error during jury deliberations in its response to a question from the jury about a person‘s duty to retreat when engaged in an unlawful activity; and (3) whether the evidence is sufficient to support his convictions. Following our review, we affirm the trial court‘s judgments.

Authoring Judge
Judge D. Kelly Thomas, Jr.
Originating Judge
Judge Steven W. Sword
Case Name
State of Tennessee v. Deanty Montgomery
Date Filed
Dissent or Concur
No
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