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State of Tennessee v. Gary E. Floyd

TENNCRIMAPPMarch 29, 2018No. M2017-00272-CCA-R3-CD
Defendant WinGary E. Floyd

Case Details

Judge(s)
Judge D. Kelly Thomas, Jr.
Status
Published
Procedural Posture
Appeal of right following jury trial conviction; appellate court affirmed trial court judgment

Related Laws

No specific laws identified for this ruling.

Outcome

Defendant Gary E. Floyd's conviction for employment of a firearm during the commission of a dangerous felony and attempted second degree murder was affirmed on appeal. The appellate court rejected all contentions regarding insufficient evidence, withheld evidence, jury instructions, and cumulative error.

Excerpt

The Defendant, Gary E. Floyd, was indicted on one count of attempted first degree murder, a Class A felony and one count of employment of a firearm during the commission of a dangerous felony, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -17-1324. Following a jury trial, the Defendant was convicted of employment of a firearm during the commission of a dangerous felony and the lesserincluded offense of attempted second degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-101, -13-210. The trial court imposed a total effective sentence of fourteen years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for attempted second degree murder (2) that the State withheld exculpatory evidence (3) that the trial court failed to instruct the jury on the lesser-included offenses of attempted voluntary manslaughter and possession of a firearm with the intent to go armed during the commission of a dangerous felony (4) that the trial court committed several errors when instructing the jury on self-defense and (5) that he is entitled to a new trial based upon cumulative error. Following our review, we affirm the judgments of the trial court.

What This Ruling Means

**What Happened** This case involved Gary E. Floyd, who was charged with attempted murder and illegally using a firearm while committing a dangerous crime. After a jury trial, Floyd was convicted of the firearm charge and attempted second-degree murder (a lesser charge than the original first-degree murder attempt). Floyd appealed his convictions, arguing that there wasn't enough evidence to convict him, that evidence was improperly withheld, that the jury received incorrect instructions, and that multiple errors occurred during his trial. **What the Court Decided** The Tennessee Court of Criminal Appeals upheld Floyd's convictions. The appeals court rejected all of his arguments and confirmed that the original trial was conducted properly. Floyd remained convicted on both charges. **Why This Matters for Workers** Despite the case name mentioning "employment law," this is actually a criminal case about violent crimes, not workplace rights or employment issues. The word "employment" in the charges refers to "using" a firearm during a crime, not job-related matters. This case doesn't establish any new protections or rules that would affect workers' rights, workplace safety, or employment relationships. Workers should not view this as an employment law precedent.

This summary was generated to explain the ruling in plain English and is not legal advice.

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