State of Tennessee v. Jerry Carter, Sr.

The Defendant, Jerry Carter, Sr., appeals from his jury convictions for three counts of rape of a child, three counts of incest, three counts of soliciting the sexual exploitation of a minor, and one count of child abuse and his resulting sentence of 168 years, 11 months, and 29 days. On appeal, the Defendant argues that (1) the trial court erred when it ruled that the Defendant’s prior 2003 convictions for statutory rape and sexual battery were relevant and admissible; (2) the trial court’s rulings regarding the defense’s ability to cross-examine witnesses impermissibly restricted the Defendant’s right to put on a defense; (3) the trial court erred when it characterized the text messages between the Defendant and one of the victims as a confession or admission against interest and gave the jury the corresponding instruction; and (4) the cumulative effect of the errors entitle him to a new trial. Though we do not find that any of the issues raised by the Defendant entitle him to relief, we remand this case due to errors with the judgment forms—there was no judgment form entered for Count 8 (aggravated sexual battery), which was dismissed, and the trial court’s imposed sentences of twelve years for both Counts 9 and 10, but the judgment forms incorrectly reflect sentences of eight years. In all other respects, the judgments are affirmed.