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· 12/27/2023

State of Tennessee v. Robert J. Whittenburg

Syllabus

A Franklin County jury1 convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the State did not present sufficient evidence of premeditation (2) the trial court improperly denied Defendant's request for a special jury instruction on premeditation (3) the trial court improperly addressed concerns about irregularities during jury deliberations and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.