State of Tennessee v. Yolanda N. Shedd

The Defendant, Yolanda N. Shedd, was indicted for one count of assault, a Class A misdemeanor. See Tenn. Code Ann.
§ 39-13-101. The Defendant was ultimately convicted by a jury of the lesser-included offense of attempted assault, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-12-101, -12-107(a), -13-101. The trial court imposed a sentence of six months to be served on unsupervised probation. On appeal, the Defendant contends (1) that she received ineffective assistance of counsel because her trial counsel had a conflict of interest; (2) that she received ineffective assistance of counsel because trial counsel failed to “properly cross-examine” one of the State’s witnesses; and (3) that the trial court improperly interfered with trial counsel’s cross-examination of one of the State’s witnesses. However, our review of the record reveals that the Defendant failed to raise these issues in a timely motion for new trial; thereby, waving full appellate review. Additionally, we conclude that plain error review of the issues is not warranted. Accordingly, we affirm the judgment of the trial court.