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Appeals court hears challenge to use of TBI offender report after officer's retirement in Mr. Cheers case
Summary
Appellate judges heard competing arguments over whether statements in a Tennessee Bureau of Investigation (TBI) offender-registry report violated Mr. Cheers' Sixth Amendment right to confront witnesses when the author of the report, Officer Evelyn Stigler, did not testify at trial.
Appellate judges heard competing arguments over whether statements in a Tennessee Bureau of Investigation (TBI) offender-registry report violated Mr. Cheers' Sixth Amendment right to confront witnesses when the author of the report, Officer Evelyn Stigler, did not testify at trial.
Appellant's counsel told the court that Stigler prepared the report to "show through documentation and testimony that the defendant Mr. Cheers' conduct resulted in a violation of TCA 40-39-208 and TCA 40-39-203," and that the report was incorporated into the affidavit of complaint used to initiate prosecution. The defense urged reversal of the conviction or, in the alternative, remand for a new trial because the state relied on testimonial hearsay…
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