State of Tennessee v. Malcolm Dudley Thomas

Case Number
M2010-01394-CCA-R3-CD

A Williamson County Circuit Court jury convicted the appellant, Malcolm Dudley Thomas, of aggravated sexual battery, a Class B felony, and the trial court sentenced him to eight years in confinement. On appeal, the appellant contends that (1) the trial court erred by ruling that the State’s rebuttal witnesses could testify about the victim’s character for truthfulness and (2) the State committed prosecutorial misconduct throughout the trial by placing or attempting to place prejudicial and irrelevant facts before the jury. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court committed reversible error by allowing the State’s rebuttal witnesses to testify about the victim’s character for truthfulness. Therefore, the appellant’s conviction is reversed, and the case is remanded to the trial court for a new trial.

Authoring Judge
Judge Norma McGee Ogle
Originating Judge
Judge Donald P. Harris
Case Name
State of Tennessee v. Malcolm Dudley Thomas
Date Filed
Dissent or Concur
No
Download PDF Version