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Blanchard v. State

Court of Criminal Appeals of Tennessee, Nashville

February 18, 2015

RICHARD BLANCHARD
v.
STATE OF TENNESSEE

Assigned on Briefs January 14, 2015

Appeal from the Circuit Court for Bedford County No. 17432 Robert Crigler, Judge

Christopher P. Westmoreland, Shelbyville, Tennessee, for the appellant, Richard Blanchard.

Herbert H. Slatery, III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Robert J. Carter, District Attorney General; and Richard A. Cawley, Assistant District Attorney General, for the appellee, State of Tennessee.

Robert W. Wedemeyer, J., delivered the opinion of the Court, in which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr., J., joined.

OPINION

ROBERT W. WEDEMEYER, JUDGE

I. Facts

A. Trial

A Bedford County jury convicted the Petitioner of aggravated robbery. On direct appeal, this Court summarized the facts presented at trial as follows:

In the early morning hours of March 8, 2009, Frank Dickerson was working the night shift at the Kangaroo Express gas station and market in Shelbyville, Tennessee, when an individual, later identified as the [Petitioner], entered the market. The [Petitioner] walked toward the beer cooler, but he then came around the counter to an area restricted to employees only. Mr. Dickerson pushed the [Petitioner] away. The [Petitioner] approached the counter area again, pulled a knife from behind his back, and told Mr. Dickerson to open the cash register drawer. Mr. Dickerson backed away from the [Petitioner], activated the silent alarm, and opened the drawer. The [Petitioner] took money totaling less than $90 from the drawer and attempted to leave quickly. Mr. Dickerson became "a little angry, " grabbed a can of beer from the counter, and "flung it at" the [Petitioner]. The beer can hit the [Petitioner] as he fled. The police arrived approximately two to three minutes later.
Mr. Dickerson recognized the [Petitioner] as a customer but added that the [Petitioner] was not a "regular." Mr. Dickerson went to the police station later, where he immediately identified the [Petitioner] from a photographic array presented to him by Detective Brian Crews of the Shelbyville Police Department (SPD).
Mr. Dickerson described the knife as a large, open, lock-blade knife. When asked if he was fearful of the [Petitioner], Mr. Dickerson replied, "If you open a knife, yes, I think you might hurt me." He added that he "was afraid that [the [Petitioner]] might cut [him] if [he] didn't comply with what [the Petitioner] wanted."
SPD Officer Sam Jacobs responded to the call of a robbery at the Kangaroo Express market on March 8, 2009. When he arrived, he spoke to Mr. Dickerson who described the perpetrator as clean shaven with ...

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