Jerry Reginald Burkes v. Tennessee
DueProcess HabeasCorpus
Whether the trial court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70-day time limit is subject to harmless-error analysis
QUESTION(S) PRESENTED 1. WHETHER THE TRIAL COURT'S DENIAL OF A MOTION TO DISMISS AN INDICTMENT FOR A VIOLATION OF THE SPEEDY TRIAL ACT'S 70 DAY TIME LIMIT FOR BRINGING A DEFENDANT TO TRIAL IS SUBJECT TO HARMLESS-ERROR ANALYSIS, DESPITE THE STATUTE'S MANDATORY LANGUAGE STATING THAT, IN THE EVENT OF A VIOLATION, "THE INDICTMENT SHALL BE DISMISSED." 2. WHETHER MR. BURKES RECEIVED A FAIR TRIAL PURSUANT TO TENNESSEE RULES OF EVIDENCE 404(B) WITHOUT SEVERING THE CHARGES PURSUANT TO TENNESSEE RULES OF CRIMINAL PROCEDURES 8(B) AND 14(B)(1). 3. WHETHER THE EVIDENCE WAS SUFFICIENT TO SUPPORT A CONVICTION OF MONEY LAUNDERING PURSUANT TO TENNESSEE CODE ANNOTATED §39-14-903(B)(1). 4. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION WITHOUT INTRODUCING INTO EVIDENCE AN AUDIO RECORDING GOVERNED BY TENNESSEE LOCAL RULE 10.03.