Session Date June 3, 2014
Appeal from the Criminal Court for Shelby County Nos. 01-09093-95 W. Mark Ward, Judge
Samuel Rodriguez, III, Memphis, Tennessee, for the appellant, Shawn Hatcher.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Meghan Fowler, Assistant District Attorney General, for the appellee, State of Tennessee.
Alan E. Glenn, J., delivered the opinion of the Court, in which Camille R. McMullen, J., joined. Jeffrey S. Bivins, J., Not Participating.
ALAN E. GLENN, JUDGE
In 2005, the petitioner was convicted by a Shelby County Criminal Court jury of first degree felony murder, first degree premeditated murder, and two counts of attempted first degree murder based on his participation with his older brother and two other men in a shooting that resulted in the death of one victim and the serious injury of two others. State v. Shawn Hatcher, No. W2006-01853-CCA-R3-CD, 2008 WL 4071829, at *1 (Tenn. Crim. App. Aug. 29, 2008). After merging the first degree murder convictions, the trial court sentenced the petitioner to life imprisonment for the first degree murder conviction and to fifteen years for each of the attempted murder convictions, with the fifteen-year sentences to be served concurrently to each other but consecutively to the life sentence. Id. This court affirmed the convictions on direct appeal, see id., as did our supreme court after granting the petitioner's application for permission to appeal. See State v. Hatcher, 310 S.W.3d 788, 793-97 (Tenn. 2010).
Our supreme court's opinion contains the following summary of some of the evidence presented at trial:
This case arises from [the petitioner's] participation in the shooting death of Marcel Mackey and the gunshot injuries to Anitra Flowers and Randall White/Moore ("Red") on April 3, 2001, in Memphis, Shelby County, Tennessee. [The petitioner] was charged with alternative counts of first degree premeditated murder and first degree felony murder, and two counts of attempted first degree premeditated murder. Also charged were [the petitioner's] older brother, Christopher Hatcher ("Chris"), and [the petitioner's] friend, Cornelius Jefferson ("Cornelius"). [The petitioner] was tried individually before a jury in January 2005.
The proof at trial established that [the petitioner], seventeen years old at the time, was released from juvenile custody on the afternoon of April 3, 2001. That evening, [the petitioner], Cornelius, and a man named Dan Smith accompanied Chris to an apartment at 756 East Raines. There, the men opened fire with multiple guns, killing Mackey and injuring Flowers and Red. [The petitioner] was arrested, and he subsequently gave a statement in December 2001 wherein he admitted to knowing "of" Red but not Mackey or Flowers. He also admitted to being present at the shooting, along with Chris, Cornelius, and Chris's "associate" Dan Smith. When asked why he was there, [the petitioner] responded as follows:
A: With my brother, he said he wanted me and Cornelius to come with him and said we fixing to go take care of some business.
Q: What did your brother mean when he said we're fixing to go take [care ...