State of Tennessee v. James W. Burton, M2016-01190-CCA-R3-CD

Defendant James W. Burton filed a sworn petition for an order of protection alleging that on (initially) October 1, 2015 a light-blue SUV driven by Faye Barna drove by his workplace and she made threatening gestures (middle finger and a gun sign). He testified to that at the protective-order hearing.
At the protection hearing Barna denied being present on the alleged date, produced travel, rental-car, receipts, and medical records showing she was in Michigan (Sept. 28–Oct. 16, 2015), and the petition was dismissed.
A Fentress County grand jury indicted Burton for aggravated perjury; at trial the jury convicted him of the lesser-included offense of perjury. Burton was sentenced to 11 months, 29 days on supervised probation.
Trial evidence included Burton’s sworn petition and hearing testimony, Baker (store owner) who saw a light-blue SUV make gestures one morning but could not identify the driver or exact date, and Barna’s documentary proof of travel and expenditures supporting her alibi.
The jury rejected Burton’s testimony and credited Barna’s alibi and documentary evidence; the court reviewed sufficiency of the evidence on appeal and affirmed.

Issue	Plaintiff's Argument (State/Barna)	Defendant's Argument (Burton)	Held
Whether evidence was sufficient to support a conviction for perjury based on Burton’s sworn testimony that Barna drove by and made threatening gestures on the alleged date	Documentary and testimonial evidence (Barna’s travel records, receipts, and her testimony) show Burton’s sworn statement was false and he intended to deceive the court	Burton said any date error was confusion — he accidentally used filing date (Oct. 1) rather than actual event date (Sept. 23) and corrected it at hearing	Judgment affirmed: viewing evidence in State’s favor, a rational juror could find Burton’s sworn statement false and intended to deceive; conviction for perjury stands
Whether a jury instruction regarding retraction/defense to aggravated perjury required reversal	Instruction applied only to aggravated perjury (not the convicted offense of perjury); credibility and inferences were for the jury	Burton argued jury ignored/disregarded the retraction instruction and that it should have affected outcome	No relief: instruction did not apply to the lesser-included perjury conviction; jury credibility determinations govern and will not be disturbed

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
Goodwin v. State, 143 S.W.3d 771 (Tenn. 2004) (appellate standard; view evidence in light most favorable to State)
Rice v. State, 184 S.W.3d 646 (Tenn. 2006) (circumstantial evidence and jury’s role in drawing inferences)
Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (same standard for direct and circumstantial evidence)
Duchac v. State, 505 S.W.2d 237 (Tenn. 1973) (criminal offense may be established by circumstantial evidence)
Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (deference to jury on witness credibility)
Carruthers v. State, 35 S.W.3d 516 (Tenn. 2000) (burden on convicted defendant to show insufficiency of evidence)