Court of Criminal Appeals of Tennessee, Knoxville
Session May 22, 2018
from the Criminal Court for McMinn County No. 2014-CR-331
Sandra Donaghy, Judge
Quincy D. Scott, appeals his conviction for aggravated
robbery for which he was sentenced to seventeen years as a
Range II, multiple offender at 85%. On appeal, Defendant
contends that the cumulative effect of various errors at
trial entitled him to a new trial. Upon reviewing the record
and the applicable law, we affirm the judgment of the trial
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
L. Ownby, Cleveland, Tennessee, (on appeal) and Donald Leon
Shahan, Jr., Assistant Public Defender (at trial), for the
appellant, Quincy D. Scott.
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Stephen D.
Crump, District Attorney General; and Dorothy Cherry and
Emily Petro, Assistant District Attorneys General, for the
appellee, State of Tennessee.
T. Woodall, J., delivered the opinion of the court, in which
John Everett Williams, and Robert W. Wedemeyer, JJ., joined.
T. WOODALL, JUDGE
evidence presented at trial established that on June 28,
2014, Defendant entered a Check Into Cash and informed
Felicia Braham, the assistant manager, that he needed a loan.
As Ms. Braham was questioning Defendant about the loan, he
pulled a piece of a black stretchy material over his face,
brandished a gun, and demanded money. Defendant took more
than $3, 300 in cash and fled.
Raby, the manager, was in the parking lot and saw a man leave
the store and place a gun in the back of his pants. A black
truck drove into the parking lot, and the man entered on the
passenger side. Ms. Raby attempted to follow the truck but
lost sight of it in traffic. She was not able to identify the
individual with the gun in a photographic line-up.
Ms. Braham was unable to identify the perpetrator in a
photographic lineup that did not include Defendant. On July
10, 2014, while investigating an accident during which the
driver fled the scene, Detective Josh Rhodes initiated a
traffic stop of a truck that he described as so dark blue
that it appeared to be black. Larry Moore, who was the focus
of an ongoing bank robbery investigation, was the driver, and
Defendant was a passenger. Detective Rhodes allowed Defendant
and Mr. Moore to leave once the detective received
information that they were not involved in the accident.
While speaking to Defendant, Detective Rhodes realized that
Defendant matched the description of a suspect that the
detective received in a be-on-the-lookout alert. Detective
Rhodes provided Defendant's information to Detective Jim
Shaw, who prepared a photographic line-up that included
Defendant's photograph. Ms. Braham identified Defendant
as the perpetrator in the photographic line-up and at trial.
warrant was issued for Defendant's arrest, Detective
Rhodes initiated a traffic stop of the same truck and spoke
to Mr. Moore about Defendant's location. Detective Rhodes
arrested Defendant later that same day. Detective Rhodes also
searched the truck and seized an "air soft type
pistol" and magazine, a set of Walkie-Talkies, a black
"cinch sack" with rainbow colors on the reverse
side, a Joker's mask, and a black nylon
"do-rag." The "do-rag" included a DNA
mixture of three individuals, and Defendant could not be
excluded as a contributor.
presented the testimony of Dr. Jeffrey Neuschatz, an expert
in cognitive psychology and eyewitness identification,
regarding the factors that could have affected a
witness's identification of a perpetrator and regarding
problems with the photographic line-ups. Defendant also
presented the testimony of Officer Michael Richmond, who
responded to the scene and followed a black Chevrolet truck
that he believed matched the description of the truck
involved in the robbery. Officer Richmond's description
of the truck differed from the description offered by Ms.
Raby at trial. Officer Richmond, however, lost contact with
conclusion of the proof, the jury convicted Defendant of
aggravated robbery. Following a sentencing hearing, the trial
court sentenced Defendant to seventeen years as a ...