Schemling’s New Trial Denied By State Court Of Appeals

A man convicted by a Warren County Circuit Court jury of multiple drug charges lost his appeal to the State of Tennessee Court of Appeals.

Todd Alan Schemling accused a McMinnville Police Officer of official misconduct and the trial court erred in sentencing him among his ten appeal claims. Schemling wanted his 2018 conviction on two felonies and two misdemeanors overturned. he received an eight year sentence on the charges.

The Appeals Court ruled against Schemling, who had asked for a new trial in March, 2019. The trial court denied that request.

Schemling contended his due process rights were violated by his lack of access to updated law books in preparation for trial and appeal; he was improperly prosecuted on the possession of a firearm charge; Lieutenant Mara committed “official misconduct” and “official oppression” by a statement he made during the traffic stop; the trial court erred in denying his motion for production of Lieutenant Mara’s statements; the evidence is insufficient to sustain his conviction for facilitation of possession of .5 grams or more of methamphetamine with intent to deliver; his rights to due process and exculpatory evidence were violated vis-à-vis the testing of the drugs by the Tennessee Bureau of Investigation; the State made an improper closing argument; the trial court committed plain error in its jury instruction on possession of a firearm during the commission of a dangerous felony; the notices of enhanced punishment filed by the State were deficient; and the trial court erred in sentencing him.