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State v. Sherrod

Court of Criminal Appeals of Tennessee, Jackson

May 9, 2017

STATE OF TENNESSEE
v.
JARVIS SHERROD and ANTONIO DODSON

          Session February 7, 2017

         Appeal from the Criminal Court for Shelby County No. 11-00787 Chris Craft, Judge

         The Defendants, Jarvis Sherrod and Antonio Dodson, were each convicted by a Shelby County Jury of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated rape, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. Sherrod was also convicted of one count of aggravated sexual battery and was sentenced to seventy-three years' incarceration; Antonio Dodson was sentenced to forty-four years' incarceration. In Jarvis Sherrod's appeal, he argues that the trial court erred by: (1) denying his motion to sever his case from that of his co-defendant; (2) denying his right to a speedy trial; (3) improperly admitting a gun into evidence at trial; (4) allowing the victims' prior consistent statements at trial; and (5) improperly exercising its duty as thirteenth juror. In Antonio Dodson's appeal, he argues that the trial court erred by: (1) denying his motion to sever his case from that of his co-defendant; (2) finding that the evidence was sufficient to support two of his especially aggravated kidnapping convictions; (3) allowing improper closing argument by the State; (4) allowing the victims' prior consistent statements at trial; (5) allowing improper expert witness testimony; and (6) denying his motion to dismiss count ten of the indictment for failure to provide sufficient notice of the charge. Upon review, we affirm the judgments of the trial court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed

          Charles Edgar Waldman, Memphis, Tennessee, for the Defendant-Appellant, Jarvis Sherrod.

          Michael R. Working and Seth M. Segraves, Memphis, Tennessee, for the Defendant-Appellant, Antonio Dodson.

          Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Alexia Fulgham Crump and Eric Christensen, Assistant District Attorney Generals, for the Appellee, State of Tennessee.

          Camille R. McMullen, J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and J. Ross Dyer, JJ., joined.

          OPINION

          CAMILLE R. McMULLEN, JUDGE.

         On August 8, 2010, and into the early morning hours of August 9, 2010, the Defendants, along with their co-defendant, Lorenzo McKinney, invaded the home of Reno Stafford and Paula Diana and held them captive, along with Stafford's girlfriend, S.C.[1] The Defendants burglarized the home, made multiple trips to the ATM to withdraw money from Stafford's account, and raped and sexually assaulted S.C. On February 5, 2011, the Shelby County Grand Jury returned a twelve-count indictment charging the Defendants with three counts of especially aggravated kidnapping in counts one through three, two counts of aggravated robbery in counts four and five, one count of aggravated rape in count seven, one count of aggravated burglary in count eight, and one count of employing a firearm during the commission of a dangerous felony in count ten. Sherrod was also indicted for a second count of aggravated rape in count six and for unlawful possession of a gun by a convicted felon in count twelve.[2] On February 26, 2013, Dodson filed a motion to sever his case from Sherrod's case, contending that Sherrod had displayed improper behavior in court and might prejudice Dodson's case. The record on appeal does not include a written order disposing of this motion or a transcript of the hearing on the motion. However, following a series of continuances, the Defendants were tried together in April 2015. In their joint trial, both Defendants were convicted as charged with the exception of count seven, in which Sherrod was convicted of the lesser included offense of aggravated sexual battery.

         Trial. Reno Stafford testified that he and S.C. were at a hotel in Memphis on the evening of August 8, 2010. They left the hotel to get some clothes at Stafford's house on 1795 Capri where he lived with his mother, Paula Diana. Stafford recalled that he and S.C. entered the house, Stafford gave her the clothes, and S.C. went back outside and waited for Stafford in the car. When Stafford walked outside, he was approached by two armed men, who he identified as Sherrod and McKinney. Stafford testified that Sherrod said "'[g]ive me everything, '" and Stafford emptied his pockets of cash, his keys, and a small amount of marijuana. Sherrod and McKinney then forced Stafford and S.C. into the house. Stafford testified that his mother came out of her bedroom and Sherrod and McKinney forced all three victims into the living room. Sherrod forced Diana to lay facedown on the couch and Stafford and S.C. to lay down on the living room floor. Stafford testified that they beat him with a broom, hit S.C. in the face, and took his shorts and shoes off while demanding money and drugs. Stafford also testified that Sherrod pulled S.C.'s pants down "and started raping her with his gun." Stafford said that a third man entered the house while Sherrod was raping S.C. He heard the third man say "make sure he keeps his face down, " referring to Stafford, and he saw that the man had a towel over his face.

         Sherrod and Dodson took S.C. to the back of the house while McKinney stayed in the living room with Stafford and his mother. Stafford testified that they were in the back of the house for about fifteen or twenty minutes while McKinney beat Stafford with a baseball bat, threatened him, and told him "we're going to rape your girlfriend." When the Defendants came back into the living room, Sherrod and McKinney beat Stafford until he gave them his debit card PIN number. Stafford testified that he gave them a fake pin number, hoping they would leave, but that the Defendants took S.C. with them to the ATM and left McKinney at the house. Before the Defendants left, they tied Stafford's hands and feet with clear plastic tape. Stafford testified that the Defendants took his car to the ATM and were gone for fifteen or twenty minutes while McKinney continued to hit Stafford and ask him for drugs and money. When the Defendants and S.C. came back, Stafford "made up some story" that the card did not work because he had already withdrawn the maximum for the day. The Defendants and McKinney decided to wait until midnight so that they could withdraw more money, and Stafford eventually gave them the correct pin number. While they were waiting, Sherrod and McKinney threatened to shoot Stafford and Dodson beat Stafford and called him names. Stafford testified that he then recognized Dodson's voice.

         After midnight, the Defendants went back to the ATM and again took S.C. with them, leaving McKinney at the house. After the Defendants came back from the ATM, they dragged Stafford into the bathroom closet and threatened to kill him if he called the police. The Defendants and McKinney then left the house and Stafford broke out of the tape around his hands and feet. S.C. returned in Stafford's car and told Stafford she had been raped. Stafford drove S.C. to the hospital where they met with officers and later gave formal statements. Stafford testified that the Defendants and McKinney were able to withdraw about $400 from his bank account and that they also took about $250 from his pocket as well as some marijuana and Promethazine. Stafford testified that they also took the radio out of his car.

         Stafford identified Dodson, Sherrod, and McKinney in photographic lineups the next day. Stafford testified that he knew Dodson from school but that he did not know Sherrod or McKinney. Stafford identified a photograph of Sherrod wearing his shorts, belt, and shoes that were taken from him at his house. Stafford also identified a photograph of a gun and testified that it was "[t]he gun that [Sherrod] used to rape my girlfriend."

         Stafford confirmed that his testimony at the preliminary hearing was consistent with his trial testimony. However, Stafford admitted to giving another statement on April 4, 2011, after the preliminary hearing, in which Stafford told the State's investigator that he "had reason to believe that [S.C.] was involved." Stafford told the investigator that he had seen S.C. in a car with someone who was wearing a red shirt, and that he thought it was one of the shirts taken from his house. Stafford also told the investigator that S.C. received victim's compensation money for the rape and that S.C. "didn't show no [sic] kind of emotion like being offended when they was [sic] raping her with the gun." Stafford told the investigator that he was not sure about his identification of Dodson and that it might instead be someone named Jerald McKinney. At trial, Stafford explained that he had been upset with S.C. when he gave the statement because she had ended their relationship and filed a restraining order against him that day. Stafford also explained that he was only questioning his identification of Dodson based on suggestions from other people. Stafford testified that he no longer believed S.C. was involved.

         On cross-examination, Stafford admitted that he smoked marijuana and took Promethazine while at the motel but denied being high when he was at his house. Stafford confirmed that he and S.C. had sex at the motel before driving to his house. Stafford denied that he had seen the Defendants' pictures or names on television before he formally identified them in the lineup, although he recalled seeing the Defendants on the news after his identification. Stafford described the two guns that Sherrod and McKinney had as "a revolver and an automatic." Stafford testified that the revolver was brown or black and that the automatic was black. However, Stafford acknowledged that in his statement to officers he initially identified the revolver as silver. Stafford also acknowledged that the gun in the photograph he had previously identified was not silver and that he could be mistaken about the description of the gun. Stafford agreed that the tape around his hands and feet was easily broken once he tried to free himself.

         S.C. testified consistently, in large part, with Stafford's testimony. S.C. said that she left all of her belongings in the motel when they drove to Stafford's house, including her cell phone, ID, and cash. S.C. waited in the car for about ten or fifteen minutes while Stafford was in the house. When Stafford came outside and walked up to the car, SC saw "two guys r[u]n up on him." S.C. testified that she had never seen the two men before and that they both had guns and were reaching into Stafford's pockets. S.C. stated that one of the men got in the car, pointed a gun at her, and told her to go inside the house. Once they were inside, Sherrod hit S.C. in the head with his gun and made her lay facedown on the floor, where Sherrod forced her to pull her pants down and raped her vaginally with his gun. Sherrod then ordered S.C. at gunpoint to go to a room in the back of the house and perform oral sex on him. While S.C. was performing oral sex on Sherrod, Dodson entered the room and said "let me get a piece of that b****." S.C. testified that Dodson's face was covered with a shirt and that he did not have a gun. Sherrod made S.C. wash herself because she was bleeding, and then Dodson vaginally raped her in the bathroom.

         After she was raped, SC was forced to go with Sherrod to the ATM in Stafford's car. S.C. recalled that Sherrod drove and that Dodson or McKinney may have been with them. S.C. testified that the first PIN number Stafford gave them did not work, so they drove back to the house and McKinney and Sherrod beat Stafford until he gave them the real PIN number. S.C. was then ordered to drive Dodson to the ATM and withdraw the maximum amount, which was about $400. When they arrived back at the house, SC was told to sit on a bench in the living room while the Defendants and McKinney "gathered everything up in black bags." After they were done, SC testified that they told Stafford his car "would be in the Robin Hood Apartments, " but then they changed their mind and ordered S.C. in the car. S.C. was told to put her head down in the backseat, and the Defendants and McKinney got in the car and drove for about ten minutes. S.C. testified that the car stopped and "[t]hey popped the trunk and took [Stafford's] radio system and tossed the keys and told me how to get out and told me to leave." S.C. testified that she drove away "[a]s fast as possible" back to Stafford's house and then Stafford drove her to the hospital. At the hospital, SC was referred to the Memphis Sexual Assault Resource Center ("MSARC") where she had an examination and rape kit performed. S.C. acknowledged that she had applied for and received victim's compensation from the State.

         S.C. testified that she "instantly" identified Sherrod in a photographic lineup the next day. S.C. also testified that the gun Sherrod used to rape her was a revolver. S.C. identified a photograph of her face taken at the hospital and identified a bruise on her face near her eye. S.C. testified that the bruise was caused by Sherrod hitting her in the face with his gun.

         On cross-examination, SC was shown the same photograph of the gun that Stafford was shown, and S.C. testified that "[i]t look[ed] to be the gun that [Sherrod] used that night . . . [t]o rape [her]." S.C. denied consuming any drugs or alcohol on the day of the offenses but confirmed that she was "rolling up a blunt" in Stafford's car while she was waiting on him. S.C. denied taking anything from the house or assisting the Defendants or McKinney to take any stolen property out of the house. S.C. confirmed that she was not bound or tied up at any point. S.C. also confirmed that she could not pick Dodson out of a photographic lineup. S.C. stated that she did not learn Sherrod's name until after she identified him in the lineup and that she did not see the Defendants on television. On redirect, SC was again asked about the photograph of the gun. S.C. agreed that it was possible that the gun in the photograph was not the one used to rape her but that "[i]t look[ed] awfully similar."

         Paula Diana testified that she lived at 1795 Capri with her son, Stafford. On the night of the offense, Diana was asleep in her bedroom when she heard loud voices and screaming. Diana walked toward the living room when she saw a man, who she identified at trial as McKinney, look around the corner. McKinney told someone to "take care of her, " and another man approached Diana, held a gun to her head, and told her to put her head down. Diana testified that the second man, who she identified at trial as Sherrod, frisked her and took her into the living room. Diana saw Sherrod hit S.C. in the head with his gun and say "don't look at me." Diana was ordered to lie facedown on the couch while her ankles and wrists were tied with cords and tape. Diana kept her face down but "peeked up" occasionally and saw Sherrod and McKinney beating Stafford. Diana said both Sherrod and McKinney had guns and were running around the house looking for things. At one point, Diana heard Stafford say "please don't hurt her, " but she could not tell what was happening. Diana also heard Sherrod and McKinney talking about a PIN number and going to the bank, and she remembered a third man entering the house. Diana testified that the third man was wearing a shirt on his head to hide his face. When they returned from the bank the second time, Diana heard the perpetrators "ransack[ing] the house." Diana testified that the tape around her hands was "really loose" and that she could have broken out of it but she stayed still "[b]ecause they told [her] to and they had guns."

         After the Defendants and McKinney left, Diana was able to free herself and she found Stafford tied up in the bathroom closet. Diana testified that the Defendants and McKinney took electronics, jewelry, wallets, cell phones, clothing, and a purse from her house. Because their phones were stolen, Diana drove to a friend's house to call the police while Stafford and S.C. went to the hospital. Diana estimated that the entire incident lasted about an hour. Diana was not able to identify anyone in photographic lineups the next day. On cross-examination, Diana admitted that she only learned the Defendants and McKinney's identities after she "looked them up and studied them for five years." Diana also admitted that she could not identify the third man because he had his face covered. Diana said that once the attackers left she waited "about five minutes" and then she broke out of the tape around her wrists and ankles in "[o]ne second."

         Co-defendant Lorenzo McKinney substantially confirmed the victims' testimony. McKinney acknowledged that he participated in the crimes and that he had a criminal history, including convictions for aggravated robbery and theft. McKinney also confirmed that he expected favorable treatment in exchange for his testimony. McKinney said that he had known Sherrod for about fifteen years and Dodson for a few years. McKinney did not previously know Stafford or S.C.

         McKinney testified that, on August 8, 2010, he was with Sherrod at the Hillview Apartments when Dodson came over and told them that someone "just received a large quantity of marijuana." Dodson told them that this person did not have a gun, that they could easily rob him, and that he knew the address. The Defendants and McKinney then got a ride to Stafford's house. McKinney testified that he and Sherrod both had guns; McKinney had an automatic and Sherrod had a "big silver revolver." As they approached the house, McKinney saw Stafford walking out of the front door so he and Sherrod approached him with their guns while Dodson stayed outside. McKinney testified that he pointed a gun at Stafford, demanded marijuana, and Stafford emptied his pockets of a small amount. McKinney and Sherrod forced Stafford and S.C. inside and taped up Stafford and Diana. Stafford denied having any more marijuana, and McKinney took his pants and beat him with a baseball bat and a broom. McKinney saw Sherrod force S.C. to pull her pants down and threaten Stafford that if he did not tell them where the marijuana was he would "stick the gun up [S.C.'s] behind." McKinney also saw Sherrod put the gun near S.C.'s genital area, but he could not tell whether Sherrod penetrated S.C. with the gun. Sherrod then took S.C. to the back of the house. A few minutes later, Dodson came inside with a "shirt or something around his face" and also went to the back of the house. McKinney testified that he called Dodson back to the living room and gave Dodson his gun while he went to the back of the house to search for marijuana.

         McKinney testified that they decided to take S.C. to the ATM to withdraw money after finding Stafford's debit card in his wallet. McKinney also testified that he took Stafford's ID card from the wallet and gave it to Sherrod. McKinney said that Stafford initially gave them the wrong PIN number, and McKinney beat him with a baseball bat until he gave them the correct number. McKinney stayed at the house during both trips to the ATM. McKinney testified that he eventually realized that Stafford "was telling the truth" about the marijuana, so they took items from the house and left. McKinney said that they took a TV, a watch, some clothes, about $300 from the ATM, and Stafford's clothes and shoes. McKinney denied that the black revolver in the photograph was the gun used in the crimes. McKinney testified that the guns they used were from "someone at the apartment where [they] hang out, " and that they later returned the guns to the owner.

         The next day, McKinney was with Sherrod at a house on Brandale when police arrived. McKinney attempted to hide in the attic and Sherrod attempted to hide in a closet, but both were found and arrested. After his arrest, McKinney waived his rights and made a statement to police about the incident. McKinney was unaware of any communication between the Defendants and S.C. before the robbery.

         On cross-examination, McKinney testified that S.C. asked for one of Diana's purses while they were going through the house. McKinney also confirmed that S.C. was not tied up and he claimed that no one hit her. McKinney said that officers arrived at the Brandale house to execute an arrest warrant against Sherrod for a domestic violence charge. McKinney initially told police that Sherrod organized and led the home invasion because he was mad at Sherrod for getting them arrested. However, at trial, McKinney testified that the home invasion had actually been Dodson's idea.

         Lieutenant David Sloan of the Memphis Police Department ("MPD") received instructions to go to the hospital to interview the victims of a home invasion, rape, and robbery. Lieutenant Sloan testified that when he first met S.C. she was highly upset, crying, and had visible injuries, including a large bruise on her neck. S.C. told Lieutenant Sloan that three people had robbed them and that two of them had raped her both vaginally and orally. S.C. also told Lieutenant Sloan that two of the men were unmasked and that Stafford might know the third masked man. Lieutenant Sloan instructed officers to take S.C. to the rape crisis center for a forensic exam, to take Stafford to Lieutenant Sloan's office to make a formal statement, and to process Stafford's car for fingerprints. After leaving the hospital, Lieutenant Sloan visited the scene at 1795 Capri where he gave instructions to tag evidence and test for DNA and fingerprints.

         Lieutenant Sloan interviewed Stafford later at his home and testified that he was "very lethargic, tired, upset, " and had multiple injuries to his head and face. Stafford told Lieutenant Sloan that he had been approached by two unmasked men with guns outside his house and that they forced him and S.C. inside where they began beating Stafford and asking him for money, drugs, or anything of value. Stafford also told Lieutenant Sloan that, while he was being beaten, his mother came out of her bedroom and was forced to lie on the couch facedown with her legs and hands taped. Stafford said that the perpetrators threatened him, raped his girlfriend with a gun barrel, and then took her into the bathroom. Stafford also told Lieutenant Sloan that a third person entered the house with a towel or shirt covering his face and that he immediately recognized this person's voice. Stafford told Lieutenant Sloan that he did not know the man's name but that he could recognize him if he saw him.

         Lieutenant Sloan testified that Sherrod was developed as a suspect because he was found at the Brandale house with Stafford's ID card in his pocket while wearing bloodstained shoes similar to those taken from Stafford. Dodson was developed as a suspect when the crime lab notified Lieutenant Sloan that they found Dodson's fingerprints on the car. Lieutenant Sloan prepared photographic lineups of the suspects, and Stafford picked out Dodson's photograph immediately. Lieutenant Sloan testified that Stafford and S.C. also picked out Sherrod and McKinney in lineups as the two unmasked men. S.C. could not positively identify Dodson in the lineup, and Diana could not pick out anyone's photograph since her head was down during the entire incident.

         On cross-examination, Lieutenant Sloan maintained that he did not provide Sherrod's name to Stafford before he picked him in the photographic lineup. Lieutenant Sloan also confirmed that there was no video footage from the ATM where the Defendants withdrew money because the bank "had a problem with the camera system at that branch."

         MPD Officer William Warren testified that, on August 10, 2010, he drove to 2845 Brandale to execute two arrest warrants for Sherrod. Officer Warren found Sherrod hiding in a closet and arrested him. After conducting a pat down search of Sherrod, Officer Warren found $492 cash and Stafford's ID card in his pocket. Officer Warren testified that officers also found McKinney at the Brandale house hiding in the attic. At trial, Officer Warren identified a photograph of Sherrod wearing the clothes he was arrested in. Officers tagged the clothing collected from Sherrod when he was arrested, including a pair of white tennis shoes, jeans, boxers, a belt, and a shirt. On cross-examination, Officer Warren acknowledged that the warrants for Sherrod were not related to the present case and involved a domestic violence incident.

         MPD Sergeant Eric Kelly identified and collected evidence at the Brandale house where Sherrod and McKinney were arrested. In the closet where Sherrod was found, officers found garbage bags full of clothes and a gun. Officers also recovered a TV, a shotgun, multiple phones, and a large amount of marijuana at the house. Sergeant Kelly identified photographs of the gun and identified the actual gun, which was entered into evidence without objection. Sergeant Kelly also processed Stafford's vehicle for fingerprints and identified a palm print that he picked up on the passenger rear door.

         Nathan Gathright, an expert in the field of fingerprint examination, testified that he was a latent print examiner for the MPD's crime scene investigation unit. Gathright testified that the print found on Stafford's car belonged to Dodson. Gathright also testified that he did not identify any prints belonging to McKinney or Sherrod.

         Judy Pinson testified that she had been a nurse examiner at MSARC for twenty-five years. Pinson testified that her role required her to provide health care to rape victims and collect evidence for trial. Pinson was qualified as an expert in the area of "sexual forensic nurse examiner." Pinson was also a custodian of MSARC's records and identified the MSARC report of S.C.'s examination, which was completed by a MSARC nurse who no longer resided in Tennessee. Pinson read from the report, which stated that S.C. was forced to perform oral sex on two men and was vaginally raped by two men. The report indicated that neither man wore a condom and that a foreign object had been used. The report further indicated that one of the perpetrators "put the gun barrel in [S.C.'s] butt, " but that there had been no anal assault. Pinson agreed that the discrepancy could have been a typing mistake. Pinson further testified that the report indicated S.C. had a petechiae on her cervix, which Pinson described as "little collections of blood underneath the skin." Pinson noted that the petechiae could have been caused by a gun or by penile penetration, but agreed that it was more likely the petechiae was caused by a gun. The report further indicated that S.C. had vaginal sex within four days of the assault, and the exam took place seven hours after the assault. Pinson testified that the report also noted that S.C. had "left [p]eriorbital purple bruising, " or "a black eye, " and that S.C. was "trembling and sobbing." On cross-examination, Pinson confirmed she had no personal knowledge of S.C.'s injuries.

         Jessica Marquez, an expert in DNA forensic analysis, testified that she was employed by the Tennessee Bureau of Investigation and assigned to the forensic biology section where she performed serology and DNA testing. Marquez testified that she was given samples from S.C., Stafford, the Defendants, and McKinney. Marquez testified that swabs from the gun found at the Brandale house indicated a DNA profile from an unidentified male. Marquez testified that the blood found on Sherrod's shoes tested positive for Stafford and S.C.'s DNA. Marquez also testified that a vaginal swab from S.C.'s rape kit tested positive for Dodson's DNA. On cross-examination, Marquez confirmed that none of the DNA samples tested positive for Sherrod's DNA. Marquez also confirmed that the DNA tests could not indicate whether sexual activity was consensual.

         Sherrod testified on his own behalf. He stated that, on the morning of August 10, 2010, he arrived at the Brandale house to meet with McKinney. Sherrod said that McKinney and Antonio Dodson, Sr., Dodson's father, lived at the house with another man. Sherrod said he took a shower and then put on McKinney's clothes and shoes, which he found in a "black bag" in the closet. Sherrod testified that he was aware of an outstanding warrant for his arrest on domestic violence charges, and that he planned to turn himself in that day. Sherrod said McKinney gave him an ID card and told him to give it "to a female" they knew, and Sherrod put it in his pocket. When the police showed up, Sherrod hid in a closet while McKinney hid in the attic. Sherrod hid because he "wanted to turn [him]self in" rather than be arrested. Sherrod claimed that he did not know anything about the home invasion at 1795 Capri or where the ID card came from. Sherrod also testified that he had never seen the gun in the photograph identified by Stafford and S.C. Sherrod said that he had seen S.C. with Dodson multiple times in the past at the Brandale house. Sherrod claimed that the money found in his pocket came from gambling and that, on the night of the crimes, he was at a strip club with his father, brother, and cousins.

         On cross-examination, Sherrod confirmed his belief that the officers were attempting to frame him for the offenses in this case. Sherrod denied raping S.C. and contended that officers coerced her to pick him in the photographic lineup. Sherrod testified that S.C. was not a victim and that she "want[ed] to exclude herself from being prosecuted." Sherrod said that the victims' identification of him and the fact he was wearing Stafford's clothes and shoes and had Stafford's ID card in his pocket were all coincidences. He also testified that he believed the shoes he was wearing at the time of his arrest had been "tampered with" by Lieutenant Sloan to test positive for Stafford and S.C.'s DNA. Sherrod testified that he did not really know Dodson but that he had seen him a couple of times.

         Dodson presented testimony from Jennifer Hoff, his investigator, who testified that she interviewed Stafford and Diana at their home on April 30, 2012. Hoff confirmed that Diana told her "something was fishy about that night" and that Diana and S.C. did not get along. She also confirmed that Diana stated Stafford had been cheating on S.C., that S.C. "might be trying to get back at them, " and that she believed S.C. set them up. On cross-examination, Hoff confirmed that her testimony was based on a summary of notes from ...


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