Assigned on Briefs December 5, 2017
from the Circuit Court for Madison County No. 16-204 Donald
H. Allen, Judge
Madison County jury convicted the Defendant, Corbyn Davis, of
first degree premeditated murder and being a convicted felon
in possession of a firearm. The trial court sentenced the
Defendant to life in prison for the murder conviction and to
four years for the firearm conviction. On appeal, the
Defendant challenges the sufficiency of the evidence to
support each conviction. Upon reviewing the record and
applicable law, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Morton Googe, District Public Defender; Gregory D. Gookin,
Assistant Public Defender, for the appellant, Corbyn Davis.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Jody Pickens,
District Attorney General; and Aaron J. Chaplin and Shaun
Brown, Assistant District Attorneys General, for the
appellee, State of Tennessee.
Everett Williams, J., delivered the opinion of the court, in
which Alan E. Glenn and J. Ross Dyer, JJ., joined.
EVERETT WILLIAMS, JUDGE.
AND PROCEDURAL HISTORY
evidence presented at trial established that in the early
morning hours of June 8, 2014, the victim, Mr. Jamar Rogers,
was shot from behind while getting into an occupied vehicle
in a parking lot outside a night club ("the night
club") located by the Omni Center in Jackson, Tennessee.
The victim was rushed to the hospital but died as a result of
a single gunshot wound to his back.
Marlisa Smith testified that she was the fiancée of
the victim and was with him at the time of the shooting. On
the night of the shooting, Ms. Smith went to the night club
with Ms. Brittney Wilson, Ms. Krystal Williams, and another
woman identified as "Jenna" to meet the victim and
one of the victim's friends. Ms. Smith stated that she
arrived with the other women around midnight and that the
victim arrived at the same time. The group stayed at the club
for about three hours until Ms. Smith's friends decided
they wanted to leave. Ms. Smith, the three friends with whom
she arrived, and the victim all exited the club and began
walking toward the vehicle the women had driven to the club.
Video surveillance confirmed that Ms. Wilson, Ms. Williams,
and "Jenna" left the club at 2:55 a.m. and that Ms.
Smith and the victim left the club approximately forty-five
seconds later. Ms. Smith stated that her three friends were
walking about ten feet in front of Ms. Smith and the victim.
Smith stated that as she and the victim were walking toward
the vehicle and as the other three friends were getting
inside the vehicle, a man approached the victim and Ms.
Smith. She stated that the man was wearing "a khaki or a
yellowish Polo hat" with a matching shirt. The man said,
"What's up, Jamar?" to the victim and attempted
to shake the victim's hand. The victim looked at the man
as if he was "shock[ed] that [the man] was speaking,
" and the victim "just walked through him."
Ms. Smith and the victim then continued to the vehicle. By
this time, the other three friends were already seated in the
vehicle, and Ms. Smith got into the middle of the backseat.
Ms. Smith said, "Come on, Jamar, " but the victim
stood next to the car looking into the window. The victim
said he was going to go back inside and then said,
"Never mind." The victim was opening the door when
Ms. Smith heard three to four gunshots. The victim said,
"Bae, I'm hit." The victim leaned on Ms. Smith,
so she grabbed him, laid him down, and started performing CPR
as Ms. Wilson drove the vehicle to the hospital. Ms. Smith
stated that she was "screaming and hollering" both
when she arrived at the hospital with the victim and when an
officer took her statement.
Smith stated that immediately after hearing the gunshots, she
saw another car leaving the area down a road that ran
adjacent to the parking lot and behind the parked vehicle.
She described the car as a brown or tan large vehicle,
similar to a "Grand Marquis." She could determine
the car's make by its headlights and taillights. The
vehicle in which Ms. Smith was ...