STATE OF TENNESSEE v. JAWAUNE MASSEY - Articles

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Posted by: Tanja Trezise on Jul 24, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

William Louis Ricker and Douglas L. Payne, Greeneville, Tennessee, for the appellant, Jawaune Massey.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Barry P. Staubus, District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Jawaune Massey (“the Defendant”) was convicted by a jury of one count of first degree premeditated murder and one count of first degree felony murder as to victim Nolan; one count of first degree premeditated murder and one count of first degree felony murder as to victim Alexander; one count of especially aggravated robbery; one count of criminal conspiracy to commit aggravated robbery; one count of criminal conspiracy to possess more than 26 grams of cocaine with the intent to sell or deliver; one count of possessing more than 26 grams of cocaine for resale; and one count of maintaining a dwelling where controlled substances are used or sold. For these crimes, the Defendant was sentenced to serve an effective term of two consecutive life sentences. In these consolidated appeals, the Defendant contends that the evidence was not sufficient to support his convictions. He also contends that the trial court (1) erred in consolidating offenses; (2) should have conducted a hearing to determine if a “stun belt” was a necessary restraint of the Defendant during trial; (3) should have instructed the jury that several witnesses were accomplices as a matter of law; and (4) should not have run his life sentences consecutively. Upon our thorough review of the record and applicable law, we reverse on grounds of insufficient evidence the Defendant’s conviction of criminal conspiracy to possess more than 26 grams of cocaine with intent to sell or deliver and his conviction of maintaining a dwelling where controlled substances are used or sold. We affirm the remaining judgments.

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