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State v. Davis

Court of Criminal Appeals of Tennessee, Jackson

January 26, 2018

STATE OF TENNESSEE
v.
CORBYN DAVIS

          Assigned on Briefs December 5, 2017

         Appeal from the Circuit Court for Madison County No. 16-204 Donald H. Allen, Judge

         A 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.

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

          George 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.

          John Everett Williams, J., delivered the opinion of the court, in which Alan E. Glenn and J. Ross Dyer, JJ., joined.

          OPINION

          JOHN EVERETT WILLIAMS, JUDGE.

         FACTUAL AND PROCEDURAL HISTORY

         The 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.

         The State's Proof

         Ms. 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.

         Ms. 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.

         Ms. 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 ...


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