State of Tennessee v. David Ray Duncan

Case Number
E2022-00647-CCA-R3-CD

As relevant to this appeal, the Defendant, David Ray Duncan, was convicted by a jury of
the offense of unlawfully possessing a controlled substance while present in a penal
institution. On appeal, the Defendant challenges the legal sufficiency of the evidence
supporting his conviction. He also argues that the trial court should have excluded
evidence produced after the deadline established by the court’s scheduling order, and he
challenges the propriety of his effective twelve-year sentence. We affirm the Defendant’s
conviction, but we respectfully remand the case for resentencing in accordance with Tenn.
Code Ann. § 39-11-211.

Authoring Judge
Judge Tom Greenholtz
Originating Judge
Judge E. Shayne Sexton
Date Filed
Download PDF Version
E2022-647.pdf178.24 KB