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State v. Brown

Court of Criminal Appeals of Tennessee, Knoxville

November 9, 2017

STATE OF TENNESSEE
v.
LAVELY L. BROWN

          Assigned on Briefs July 25, 2017

         Appeal from the Criminal Court for Knox County No. 104135 Steven W. Sword, Judge No. E2016-02099-CCA-R3-ECN

         The Petitioner, Lavely L. Brown, appeals the denial of his petition for writ of error coram nobis. Following our review, we affirm the judgment of the coram nobis court denying the petition.

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

          Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Lavely L. Brown.

          Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Charme P. Allen, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

          Alan E. Glenn, J., delivered the opinion of the court, in which Robert H. Montgomery, Jr., and J. Ross Dyer, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         In January 1989, a Knox County Criminal Court jury convicted the Petitioner of the first degree murder, armed robbery, and aggravated kidnapping of the victim, Richard Mashburn. The trial court sentenced the Petitioner to life imprisonment for the murder conviction and two terms of forty years as a Range II offender for the armed robbery and aggravated kidnapping convictions, to be served concurrently to the life sentence. The convictions were affirmed by this court on direct appeal, and our supreme court denied the Petitioner's application for permission to appeal. State v. Lavely Brown, No. 1278, 1990 WL 112370, at *1 (Tenn. Crim. App. Aug. 8, 1990), perm. app. denied (Tenn. Dec. 10, 1990).

         Our direct appeal opinion provides the following summary of the evidence presented at trial:

A review of the record reveals the following facts. The bound and nude body of [the victim] was found in his West Knoxville apartment on May 14, 1986. A pathologist, called by the State, testified that [the victim] had been killed several days prior to when the body was found.
. . . .
[The Petitioner's] accomplice, James Robinson, testified in detail as to how he and [the Petitioner] entered [the victim's] apartment with the intent to rob him. The men then tied [the victim] up and began searching for money. At that point, Robinson went into the bedroom to search it. He heard [the victim] beg for mercy and [the Petitioner] answer that God could not help him any more. Robinson further testified that he returned from the bedroom just in time to see ...

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