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STATE v. SCOTT

No. M2007-02024-SC-S09-CO.

275 S.W.3d 395 (2009)

STATE of Tennessee v. Adrian L. SCOTT.

Supreme Court of Tennessee, at Nashville.

January 23, 2009.

Attorney(s) appearing for the Case

Jeffery S. Frensley, Nashville, Tennessee, for the appellant, Adrian L. Scott.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Preston Shipp, Assistant Attorney General (on appeal); Victor S. Johnson III, District Attorney General and J.W. Hupp, Assistant District Attorney General (at trial), for the appellee, State of Tennessee.

OPINION

WILLIAM C. KOCH, JR., J., delivered the opinion of the court, in which JANICE M. HOLDER, C.J., CORNELIA A. CLARK, and GARY R. WADE, JJ., and E. RILEY ANDERSON, SP.J., joined.

This appeal involves the admissibility of expert testimony regarding a sleep parasomnia involving sexual behavior. A defendant charged with committing sexual acts with his stepdaughter asserted that he could not have formed the required criminal intent because he was asleep...

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