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Appellant argues venue was not proven in Warren County; state says issue waived
Summary
Appellant counsel argued the prosecution failed to prove venue by a preponderance and that venue may be jurisdictional in criminal cases; the state countered that venue was waived by not raising it at the earliest trial stages and urged the court to treat it as forfeited on appeal.
Drew Justice, attorney for appellant Lorenzo Brown, told the appellate panel that the trial record contains insufficient proof that the shooting occurred in Warren County and asked the court to order relief, including a new trial or dismissal where appropriate.
Justice argued the prosecution’s evidence tying the incident to “West Riverside Apartments” in McMinnville did not establish by a preponderance that the crime occurred within Warren County. He said the record lacked proof that McMinnville is entirely within Warren County and noted that the state’s proof that the…
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