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Court hears identity-focused appeal in Dollar General aggravated robbery case
Summary
At an appellate hearing, attorneys debated whether circumstantial evidence — including vehicle matches and clothing seen on surveillance — supports a conviction for aggravated robbery; the court took the matter under advisement.
An appellate panel heard oral argument in the appeal of a conviction for aggravated robbery linked to a robbery at a Dollar General in Hamilton County. Defense counsel John McDougall, of the Hampton County Bar, and Garrett Ward, representing the State of Tennessee, argued whether the record supports the jury’s finding of the defendant, identified in court as Mr. Forte, as one of two masked perpetrators.
The dispute centered on identity, not on other elements of aggravated robbery. Ward told the court, “this court must affirm Mr. Forte's conviction for aggravated robbery, because the evidence support this conviction.” He said the state’s case rests on two main sets of circumstantial evidence visible in the record: (1) a getaway vehicle captured on surveillance and later stopped after a chase, and (2) similarities between…
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