Thursday, May 26, 2016

Sutton appeal again denied
For the second time, the Tennessee Court of Apeals has upheld the murder conviction of a Bybee man, convicted of killing a fellow Cocke Countian, in a Jefferson County home. Brandon Sean Sutton, 30, Highway 160, Bybee, was convicted in the January, 2007 death of 27 year-old Anthony Scott Gibbs, Windswept Way, Newport. Sutton was found guilty of first degree murder in Jefferson County Circuit Court, in August, 2010, and is serving a life sentence without the possibility of parole. Testimony in the case indicated that the two men were at the home of Lisa Stout on North White Pine Road in the Talbott community when they argued at 4:45am. Sutton grabbed an ornamental medieval style, double edged axe from the wall of the home and struck the victim over the head several times. The force of the blows separated the axe from it's handle. There was testimony during the trial that the men had been drinking at a Newport bar much of the night, and at least some of the participants were using drugs, prior to the assault which led to Gibb's death. In the first appeal, Sutton argued he should have a new trial because the evidence was insufficient to sustain his conviction; (2) that Judge Duane Slone erred when he allowed the jury to see certain photographs; (3) emotional displays from the victim’s family violated his right to a fair trial; (4) the evidence did not support the sentence of life without parole; (5) the victim impact evidence was improper; and (6) the judge did not follow proper procedure when selecting the manner in which he removed alternate jurors. The appeals panel affirmed the judgment of the trial court. More recently Sutton filed another appeal saying he received ineffective assistance from his legal counsel, but the panel held there was no basis for the motion.


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