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Posted by: Tanja Trezise on Oct 29, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

William C. Barnes, Jr., Columbia, Tennessee, for the appellant, Marvin Wendell Kelley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; T. Michel Bottoms, District Attorney General; Brent A. Cooper and Kimberly L. Fields Cooper, Assistant District Attorneys General; for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Marvin Wendell Kelley, appeals from his jury convictions for first-degree murder, a Class A felony; felony murder in the perpetration of a robbery, a Class A felony; and aggravated robbery, a Class B felony. In this appeal, he contends as follows: (1) that his indictment should have been dismissed due to lost evidence; (2) that the admission of his codefendant’s statements were hearsay and violated his right to confrontation; (3) that statements from a witness were improperly admitted over a hearsay objection; (4) that the trial court erred in denying his suppression motion; and (5) that the evidence was insufficient to support his convictions. After a thorough examination of the record and the applicable authorities, we affirm the judgments of the trial court.