State of Tennessee v. Johnny Dewayne Boyd (Failure to File Bill of Particulars; Failure to Deny Trial Continuance Based on COVID-19 Protocol)

Style: State of Tennessee v. Johnny Dewayne Boyd

TSC Docket Number: M2021-01057-SC-R11-CD

Court of Appeals Opinion: https://tncourts.gov/sites/default/files/state_of_tennessee_v._johnny_dewayne_boyd_-_m2021-01057-cca-r3-cd.pdf

Summary by the Court of Appeals:

Defendant, Johnny DeWayne Boyd, was convicted by a jury of rape of a child and incest. The trial court imposed an effective thirty-year sentence in the Department of Correction. On appeal, Defendant contends (1) the trial court erred in denying his motion to dismiss based on the State’s failure to file a bill of particulars, and (2) that he was prejudiced by the trial court’s denial of his motion to continue the trial due to a court security officer testing positive for COVID-19 and the trial court’s failure to comply with the Tennessee Supreme Court’s Order on COVID-19 protocol. After a careful review of the record, we conclude that Defendant failed to file a timely motion for new trial before the trial court. Additionally, Defendant failed to file a timely notice of appeal. Because the record does not support this court’s waiver of the untimely notice of appeal, we dismiss Defendant’s appeal.

Permission to Appeal Granted: February 10, 2023

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