IN the COURT of CRIMINAL APPEALS of TENNESSEE at NASHVILLE January 14, 2015 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE January 14, 2015 Session STATE OF TENNESSEE v. THOMAS LEE CAREY, JR. Appeal from the Criminal Court for Davidson County No. 2010-A-254 Mark J. Fishburn, Judge No. M2013-02483-CCA-R3-CD - Filed March 10, 2015 In 1998, Thomas Lee Carey, Jr. (“the Defendant”) was indicted in connection with the 1996 death of Michael Dickerson. The State entered a nolle prosequi as to the charges in 1999. In 2010, the Defendant was re-indicted for the same incident. After a trial, the jury returned guilty verdicts of first degree felony murder, second degree murder, and especially aggravated kidnapping. The Defendant raises four issues on appeal: (1) whether the evidence is sufficient to support his conviction for felony murder; (2) whether the trial court erred in denying the Defendant’s motion for speedy trial; (3) whether the trial court erred in admitting the testimony of a medical examiner who did not conduct the autopsy of the victim; and (4) whether the trial court erred by allowing the State to recall a witness. After a review of the record and applicable law, we affirm the judgments of the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed ROBERT L. HOLLOWAY, JR., J., delivered the opinion of the Court, in which ROBERT W. WEDEMEYER, J., joined. THOMAS T. WOODALL, P.J., concurred in part and wrote a separate opinion. Rob McKinney, Nashville, Tennessee, for the appellant, Thomas Lee Carey, Jr. Herbert H. Slatery, III, Attorney General and Reporter; Leslie E.
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