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Posted by: Tanja Trezise on Oct 24, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Marvin Ballin and Richard S. Townley, Memphis, Tennessee, for the appellant, Tommy Gayden.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; and Chris West and Dean DeCandia, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Defendant, Tommy Gayden, was convicted by a Shelby County Criminal Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2010). The trial court sentenced the Defendant as a Range III, multiple offender to thirty years’ confinement at 100% service as a violent offender. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by allowing the State to argue during opening statements that the Defendant was calm and collected at the time of the shooting, (3) the trial court erred by allowing the State to argue facts not in evidence during closing arguments, and (4) the trial court erred by not granting the Defendant’s requested jury instruction. We affirm the judgment of the trial court.