Current Pending Cases – Criminal

State of Tennessee v. Lynn Frank Bristol (Sexual Battery and Rape, Amendment of Indictment, Jury Instructions – Failure to Given Written Charge)

Style: State of Tennessee v. Lynn Frank Bristol

TSC Docket Number: M2019-00531-SC-R11-CD

Link to Court of Appeals Opinion:

https://www.tncourts.gov/sites/default/files/bristol.lynn_.opn_.pdf

Court of Criminal Appeals Summary:

Lynn Frank Bristol, Defendant, was indicted by the Coffee County Grand Jury for “sexual battery and rape of a child” for incidents involving his step-daughter. Nearly three years later, and three days prior to trial, the State moved to amend the indictment to reflect a charge of aggravated sexual battery in Count One and to amend the dates encompassed in the indictment in both Count One and Count Two. Defendant objected to the amendment and asked for a continuance. The trial court allowed the State to amend the indictment and denied a continuance. After a jury trial, Defendant was convicted of aggravated sexual battery in Count One and the lesser-included offense of aggravated sexual battery in Count Two. Defendant was sentenced to ten years for each conviction and the trial court ordered the sentences to run consecutively, for a total effective sentence of twenty years to be served at 100 percent. Defendant appeals, arguing: (1) that the trial court erred in allowing the State to amend the indictment; (2) that the trial court erred by denying a continuance; (3) that the trial court improperly relied on State v. Qualls, 482 S.W.3d 1 (Tenn. 2016), for a variety of reasons, including failing to give an enhanced unanimity instruction; (4) that the evidence is insufficient to support the convictions; and (5) that the sentence is excessive. Because we determine that the trial court erred by failing to submit the complete written charge to the jury, in violation of Tennessee Rule of Criminal Procedure 30(c), the judgments of the trial court are reversed and the matter is remanded for a new trial.

Permission to Appeal Granted: November 19, 2021

Appellants’ Briefs Filed: January 6, 2022

Appellees’ Briefs Filed: February 22, 2022

Appellants’ Reply Brief Filed: March 8, 2022

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  None

Oral Argument Date:  April 6, 2022

Link to Oral Argument Video: https://www.youtube.com/watch?v=cRhY6GiY09Y

Date of TSC Opinion:  none to date

Opinion of the TSC:   [insert link]

TSC Summary of the Opinion:

License

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