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State v. Lauderdale

9/5/2003

that the evidence does not preponderate against the trial court's finding and that the trial court properly denied the motion to suppress.


IV. FAIR TRIAL


The defendant claims that these cumulative errors denied him the right to a fair trial. In addition, he contends that he was denied the right to a fair trial because a juror failed to reveal that she was a friend of the victim's family until after the jury had been sworn. The state claims that the defendant received a fair trial. We agree with the state.


First, having found no errors, there is no merit to the defendant's claim that cumulative errors denied him the right to a fair trial. Regarding his claim that a juror's withholding information during jury voir dire denied him the right to a fair trial, we note that the defendant has failed to cite to authorities as required by Rule 10(b), Tenn. Ct. Crim. App. R, and has waived the issue. See also T.R.A.P. 27(a)(7). In any event, our review of the record reveals that after the jury had been sworn, Juror Number Eight told the trial court that she had gone to school with a friend of the victim. The trial court asked if this would affect her judgment in the case, and she indicated that it would not. The defense did not object to her remaining on the jury, and we conclude that the defendant was not denied the right to a fair trial.


Based upon the foregoing and the record as a whole, we affirm the judgment of conviction.




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