Tennessee Court of Criminal Appeals hears challenge to Bianca Bankston’s sentence in aggravated vehicular assault case

A three-judge panel of the Tennessee Court of Criminal Appeals heard oral arguments in its January session in Nashville over whether a trial court misapplied an enhancement factor and failed to consider mitigating evidence when it imposed the maximum sentence on Bianca Bankston for aggravated vehicular assault.

The appeal centers on whether the trial court erred by applying enhancement factor 6 — which applies when the personal injuries inflicted upon the victim were particularly great — where the defense argues psychological injury is part of the statutory definition of serious bodily injury and therefore inherent in the offense. Appellate counsel also contends the trial court overlooked mitigating factors and did not meaningfully consider a validated risk-and-needs assessment when it sentenced Bankston.

Appellate attorney William Gill of the Appellate Division…