State of Tennessee v. Jeff Carter

The Defendant, Jeff Carter, was charged with one count of rape of a child, a Class A felony. See Tenn. Code Ann. § 39-13-522(b). Following a jury trial, he was convicted of one count of  aggravated sexual battery of a victim less than thirteen years old, a Class B felony. See Tenn. Code Ann. § 39-13-504(b). In this direct appeal, the Defendant contends that: (1) the trial court  erred in allowing the State to use the doctrine of election to offer proof of prior bad acts, after the State had provided a bill of particulars describing one particular incident and  repeatedly said that it intended on electing that incident; (2) the trial court did not follow the procedures mandated in Rule 404(b) of the Tennessee Rules of Evidence; (3) the trial court erred by allowing the jury to hear about prior bad acts that occurred outside the time frame of the indictment; (4) the evidence at trial was insufficient because there was no evidence offered to support the time frame stated in the indictment; (5) the trial court erroneously allowed three witnesses to testify that the Defendant had confessed to them, without finding whether the alleged confessions pertained to the charged crime or prior bad acts; and (6) the trial court’s failure to give a specific unanimity instruction was reversible error. After reviewing the record, we conclude that the trial court did commit reversible error when it allowed testimony of other bad acts and three irrelevant admissions of guilt that the Defendant allegedly made. Thus, we reverse the judgment of the trial court and remand the case for a new trial.