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Posted by: Tanja Trezise on Apr 3, 2014

Head Comment: With dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Mike Whalen, Knoxville, Tennessee, for the Appellant, Marquis Dashawn Hendricks.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall Nichols, District Attorney General; and Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Appellant, Marquis Dashawn Hendricks, was indicted by the Knox County Grand Jury for first degree murder, attempted first degree murder, delivery of less than .5 grams of cocaine while employing a deadly weapon, possession of more than .5 grams of cocaine with intent to sell, and possession of more than one-half ounce but not more than ten pounds of marijuana with intent to sell. After a jury trial, Appellant was convicted of first degree murder, attempted first degree murder, possession of cocaine with intent to deliver, possession of cocaine with intent to sell, and simple possession of marijuana. Appellant received an effective sentence of life in prison for the convictions. On appeal, Appellant challenges the sufficiency of the evidence, expert testimony about the trajectory of the bullet that was fired into the victim’s vehicle, and the trial court’s refusal to grant a mistrial on the basis of a Brady v. Maryland, 373 U.S. 83 (1963), violation. After a review of the evidence and applicable authorities, we determine that the evidence was sufficient to support the conviction for first degree murder; the trial court did not abuse its discretion in admitting expert testimony where the challenge to the testimony was related to the credibility of the expert’s opinion; and the State did not commit a Brady violation so the trial court properly denied a mistrial. Accordingly, the judgments of the trial court are affirmed.