STATE v. QUALLS

No. W2013-01440-SC-R11-CD

482 S.W.3d 1 (2016)

STATE of Tennessee v. Jimmy Dale QUALLS.

Supreme Court of Tennessee, at Jackson.

Filed January 28, 2016.


Attorney(s) appearing for the Case

Herbert H. Slatery III , Attorney General and Reporter; Andrée S. Blumstein , Solicitor General; Rachel E. Willis , Lead Senior Counsel; James E. Gaylord , Senior Counsel; Mike Dunavant , District Attorney General; Joe Van Dyke and Katie Walsh , Assistant District Attorneys General, for the appellant, State of Tennessee.

Andrea Sipes Lester (on appeal), Jackson, Tennessee, and David A. Stowers (at trial), Bolivar, Tennessee, for the appellee, Jimmy Dale Qualls.


JUDGMENT

This case was heard upon the record on appeal from the Court of Criminal Appeals, application for permission to appeal having heretofore been granted, and briefs and argument of counsel; and upon consideration thereof, this Court adopts a modified unanimity instruction for use in sexual abuse cases when only generic evidence is presented. Although this instruction was not given at the defendant's trial, the error was harmless beyond a reasonable...

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