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Posted by: Brittany Sims on Oct 31, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph A. McClusky (on appeal) and Michael Working (at trial), Memphis, Tennessee, for the appellant, Maurico Grandberry; and Lauren Pasley-Ward, Memphis, Tennessee, for the appellant, Calvin Person.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Reginald Henderson and Kate Edmands, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Calvin Person (“Defendant Person”) and Maurico Grandberry (“Defendant Grandberry”) (collectively “the Defendants”) were convicted by a jury of first degree felony murder. The trial court sentenced the Defendants to life imprisonment. On appeal, Defendant Grandberry asserts that the trial court erred in not severing the Defendants. Defendant Person argues that the trial court erred in: excluding evidence of Defendant Grandberry’s involvement in a separate robbery on the day the victim in this case was killed; admitting Defendant Person’s statement to police; including the natural and probable consequences rule in its jury instruction on felony murder; and denying Defendant Person’s request to provide a special jury instruction on the requisite mens rea necessary for criminal responsibility. Additionally, both of the Defendants contend that the evidence presented at trial was insufficient to support their convictions. After a thorough review of the record and the applicable law, we affirm the Defendants’ convictions.