Court of Criminal Appeals of Tennessee, Knoxville
Session May 29, 2019
from the Criminal Court for Hamilton County No. 291139,
292276, 272531 Don W. Poole, Judge
Dedrick Lamont Lindsey, appeals the trial court's order
revoking his probation and imposing his sentence. Defendant
argues: (1) that the State failed to present "any
substantial evidence" to support the trial court's
finding that Defendant violated his probation; (2) that the
trial court erroneously admitted a witness's recorded
statement to police; and (3) that he received ineffective
assistance of counsel at the probation revocation hearing.
Following a thorough review, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
J. Ripper and Calli Kovalic (on appeal), Chattanooga,
Tennessee; and Robin Flores and Brandon Raulston (at
hearing), Chattanooga, Tennessee, for the appellant, Dedrick
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; Neal
Pinkston, District Attorney General; and Cameron Williams and
Crystle Carrion, Assistant District Attorneys General, for
the appellee, State of Tennessee.
L. Holloway, Jr., J., delivered the opinion of the court, in
which John Everett Williams, P.J., and Robert W. Wedemeyer,
L. HOLLOWAY, JR., JUDGE
and Procedural Background
November 19, 2009, Defendant pled guilty to possession of
cocaine for resale, possession of a controlled substance for
resale, tampering with evidence, possession of drug
paraphernalia, and assault in case number 270295, for which
the trial court imposed an effective five-year sentence that
was suspended to supervised probation following the service
of eleven months and twenty-nine days in jail. Additionally, Defendant
pled guilty to aggravated assault in case number 272531.
Pursuant to a plea agreement, the trial court sentenced
Defendant to four years suspended to supervised probation
after the service of eleven months and twenty-nine days in
jail. The trial court ordered the sentence in case number
272531 to run consecutively to Defendant's five-year
sentence in case number 270295.
February 15, 2011, the trial court issued a probation
violation warrant in case number 272531, alleging that
Defendant violated his probation by being arrested on new
charges, testing positive for marijuana, and failing to pay
fees, court costs, and fines. On March 18, 2013, the trial
court entered an order in case number 272531, revoking
Defendant's probation to time served and returning
Defendant to probation.
December 9, 2013, the trial court issued a probation
violation warrant in case number 270295 and 272531, alleging
that Defendant tested positive on a drug screen, failed to
report to probation, was arrested on new charges, was
unemployed, and failed to pay court costs, fines, and fees.
March 19, 2014, the Hamilton County Grand Jury indicted
Defendant on charges of resisting arrest, possession of drug
paraphernalia, possession of a controlled substance,
possession of marijuana for resale, possession of cocaine for
resale, and tampering with evidence, in case number 291139.
On March 27, 2014, the State probation office filed an
amended probation violation report in case number 272531,
alleging that Defendant had been arrested on multiple new
on July 23, 2014, the Hamilton County Grand Jury indicted
Defendant for possession of cocaine for resale, possession of
marijuana for resale, possession of alprazolam for resale,
aggravated assault, possession of drug paraphernalia, and
resisting arrest, in case number 292276. On December 4, 2014,
the trial court revoked Defendant's probation in case
number 272531 and ordered Defendant to serve eleven months
and twenty-nine days in jail before returning to probation.
The following day, Defendant pled guilty to attempted
possession of cocaine for resale in case number 291139 and
received a sentence of six years suspended to supervised
probation after the service of eleven months and twenty-nine
days in jail. The trial court ordered the six-year sentence
to run consecutively to the sentence in case number 272531.
Defendant additionally pled guilty to attempted possession of
cocaine for resale, possession of alprazolam for resale, and
aggravated assault in case number 292276. The trial court
sentenced Defendant to a total effective sentence of six
years suspended to supervised probation; the trial court
ordered the sentence to run consecutively to the sentence in
case number 291139.
April 25, 2017, the trial court issued a probation violation
warrant in case numbers 272531, 270295, 291139, and 292276,
alleging that Defendant had been arrested on new charges, had
no valid address, and had absconded from supervision. At the
time of the violation warrant, Defendant had a total
effective sentence of sixteen years' probation, as
Date of Conviction
Consecutive to 270295
Consecutive to 272531
Consecutive to 291139
beginning of Defendant's probation revocation hearing,
trial counsel asserted that the State had failed to provide
him with color photographs from a photographic line-up shown
to witness Regina Orr. When the prosecutor stated that
discovery was provided in January 2018, trial counsel
explained that he was provided with "dark copies"
of the photographs. He stated, "I get copies of copies
of what's in the discovery." The following exchange
THE COURT: Did you get color copies or not?
[TRIAL COUNSEL]: I did not get color copies.
[PROSECUTOR] WILLIAMS: There was a link provided to [trial
counsel] back in January of 2018 that had all of the evidence
in the master case file.
[TRIAL COUNSEL]: Your Honor, . . . this link that the State
is starting to use now, it doesn't open up well. It goes
to a redirected page, you can't get to it.
trial court instructed the State to provide to trial counsel
"today whatever he doesn't have then on the
a recess, trial counsel made the following announcement:
[TRIAL COUNSEL]: Judge, I just wanted to correct a
representation on the record. The State and I [went] back and
forth about discovery. They were saying January 18th, I
looked at that. By way of explanation there has been some
issues with email and our office . . . but still in all, on
1/18 they did send an email . . . . I did a search and it
went into spam. The odd part about it is that I answered
that, looks like I answered it thank you from my iPhone, so I
did want to correct that that the State did send that
THE COURT: You were concerned about the colored photos?
[TRIAL COUNSEL]: Yes, Your Honor.
THE COURT: I am glad both of you brought that up. That's
Orr testified that, on the evening of March 24, 2017, she was
sitting in the passenger side of her car, which was parked on
Rawlings Street. Her cousin, Jermichael Wright, was sitting
in the driver's seat. Ms. Orr explained that Mr. Wright
"jumped out" of the car and began arguing with
"Dinky," whom she identified as Defendant. Ms. Orr
stated that she could see Defendant from where she was
sitting but that she did not recall seeing Defendant with a
gun. Ms. Orr recalled speaking to Detective Daryl Slaughter
about the incident while she was in the hospital. She
remembered the detective asking her if Defendant had a gun,
but she could not recall her response. She testified that she
did not recall telling Detective Slaughter that Defendant
fired a gun at her. Ms. Orr explained that she woke up on
March 25 in the hospital, where the doctor explained to Mr.
Orr that she was paralyzed from her "lower bottom
down." Ms. Orr explained that her paralysis was
"incomplete"; she had "feeling" but was
not able to move.
testified that she was reluctant to testify at the probation
revocation hearing. She stated that she was scared of
Defendant because of "threats" she had received
from him. The following exchange between the State and Ms.
Orr then occurred:
Q. Ms. Orr, are you afraid to speak out against [Defendant]
because you saw him the night that you were shot?
Q. Was [Defendant] the one who shot you that day?
stated that she did not see Defendant with a gun but stated
that neither she nor Mr. Wright had a gun that night, and no
one else was present at the time of the shooting. Ms. Orr
recalled that she spoke to Detective Slaughter on two
occasions. She recalled that he asked who shot her, and Ms.
Orr recalled that she told the detective that Defendant shot
her. She did not recall telling Detective Slaughter that she
saw Defendant pull out a gun and pull the trigger. Ms. Orr
reiterated that Defendant was the individual that shot her.
cross-examination, Ms. Orr agreed that, from March 2017 until
May 2017, she was using prescribed medications "quite
heavily" for her condition. She agreed that she took
oxycodone, Percocet, and valium but could not recall taking
morphine. Ms. Orr denied that she was bipolar and denied
telling hospital staff that she was suicidal. She further
denied using drugs on the night of the offense. She stated
that the first time she saw Defendant was on the day she was
shot. She stated that Mr. Wright told her they were going to
meet "Dinky." She explained that she saw Defendant
standing about ten feet away on the sidewalk "when
[they] pulled up." She explained that she was shot under
her left arm. She stated that she was on medication on May
12, 2017, when she viewed the photographic line-up but that
she was no longer taking morphine and valium.
Daryl Slaughter of the Chattanooga Police Department
testified that on March 24, 2017, he was notified of the
shooting on Rawlings Street. Detective Slaughter learned that
both Mr. Wright and Ms. Orr were shot; Mr. Wright was taken
to Parkridge Hospital, and Ms. Orr was taken to Erlanger
Hospital. The detective first spoke to Mr. Wright. He then
went to Erlanger and attempted to speak to Ms. Orr; however,
she was heavily medicated and was having a CT scan, and he
could not speak to her at that time. He visited Ms. Orr
several other times at Erlanger but was unable to interview
her because she was still heavily medicated.
Slaughter explained that, on May 12, 2017, he went to Health
South, where Ms. Orr was sent for rehabilitation, and
interviewed her there. Regarding the interview on May 12,
Detective Slaughter stated:
Yes, we had a great conversation, even spoke to her nurse,
made sure she was able and went in there and I record[ed] the
interview. She was able to tell me details and was very
Slaughter testified that Ms. Orr was aware that she was being
recorded. During the interview, Mr. Orr told Detective
Slaughter that she was shot while sitting in the passenger
side of her vehicle. She explained that she was paralyzed
from the waist down. Ms. Orr said that "Dinky" shot
her. Ms. Orr told Detective Slaughter that she had seen him
with a gun and that she was able to see him from where she
sat in the car. Detective Slaughter stated that he was able
to link the nickname "Dinky" to Defendant. He then
put together a photographic line-up containing
Defendant's photograph, and a patrol officer showed it to
Ms. Orr. Ms. Orr identified Defendant from the line-up as the
person who shot her.
State then introduced Ms. Orr's recorded audio statement
given to Detective Slaughter at Health South on May 12, 2017.
On the recording, Ms. Orr identified her shooter as
"Dinky" and said that she had seen him before. She
thought he was not shooting at her, but at her cousin, Mr.
Wright. She did not know why he was shooting at Mr. Wright
but said that was what she had heard. Ms. Orr emphasized that
she had seen Dinky, not simply heard that he was the one who
shot her. She stated that she saw him pull the gun out and
pull the trigger. Ms. Orr said that she was "one ...