Gregory Randall South Trial Court Judgment Reversed

An opinion was filed by the Court of Criminal Appeals of Tennessee on September 20, 2019,  in the case of State of Tennessee vs Gregory Randall South, reversing the judgements of the trial court and remanding the matter for a new trial.

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

March 20, 2019 Session

STATE OF TENNESSEE

v

GREGORY RANDALL SOUTH

Appeal from the Criminal Court for Fentress County

No. 2017-CR-50

E.Shayne Sexton, Judge

No. M2018-01360-CCA-R3-CD

Following a jury trial, the defendant, Gregory Randall South, was convicted of two counts of selling morphine, a Schedule II controlled substance.  On appeal, the defendant contends the prosecutor improperly commented on his right not to testify and used an improper hypothetical during closing argument.  Having thoroughly reviewed the record, we conclude the prosecutor’s comments on the defendant’s right not to testify consitute reversible non-structural constitut-ional error.  Accordingly, we reverse the judgements of the trial court and remand the matter for a new trial.

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