Assigned on Briefs August 1, 2017
from the Criminal Court for Shelby County No. 14-03645
Carolyn W. Blackett, Judge
Shelby County jury convicted the Defendant, Calvin Banks, of
first degree premeditated murder and the trial court imposed
a sentence of life. On appeal, the Defendant asserts that the
evidence supporting his conviction is insufficient because
the State failed to establish premeditation. After review, we
affirm the trial court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
M. Segraves, Memphis, Tennessee, for the appellant, Calvin
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Paul Hagerman,
Assistant District Attorney General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Timothy L. Easter, JJ.,
W. WEDEMEYER, JUDGE
case arises from a dispute between acquaintances that
resulted in the shooting death of the victim, Terrence Davis.
A Shelby County grand jury indicted the Defendant for first
degree premeditated murder and for being a convicted felon in
possession of a firearm. At trial, the parties presented the
following evidence: William Bryson, a Memphis Police
Department ("MPD") officer, testified that, on
March 6, 2014, at approximately 2:45 a.m., he responded to a
call about a gunshot wound at Methodist North Hospital. After
speaking with hospital security, Officer Bryson spoke with
the Defendant, who told him that he was involved in a
"drug deal in the Greenbrier [Apartments] that went
bad." The Defendant claimed that the individual shot him
in the foot.
Bryson testified that Officer Jenkins interviewed the
Defendant's girlfriend, Lavinceia Allen, who was also at
the hospital. She provided a story inconsistent with the
Defendant's version of how he was shot. Officer Bryson
spoke with the Defendant again due to the inconsistencies.
The Defendant retracted his earlier statement and said that
he shot himself in the foot with his own gun. He told Officer
Bryson that the gun was in the trunk of his girlfriend's
car. During this time, Officer Bryson confirmed with
detectives in his office that the Defendant was a convicted
felon. Ms. Allen, gave consent for officers to search her
vehicle for the gun. Officer Bryson testified that the gun
was located in and collected from the trunk of Ms.
Jenkins, an MPD officer, testified that he spoke with Ms.
Allen at Methodist North Hospital in the early morning hours
of March 6, 2014. Ms. Allen stated that she and the Defendant
had been robbed and during the course of the robbery, the
Defendant was shot in the foot. Officer Jenkins confirmed
that Ms. Allen gave consent to search her vehicle.
Hutchison, an MPD officer, testified that he collected a
loaded .380 Larson automatic gun from the trunk of Ms.
Allen's car, a Toyota Camry, on March 6, 2014, at
Methodist North Hospital.
parties stipulated that the Defendant was a convicted felon.
The Defendant was convicted on May 17, 2012, of ...