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Posted by: Tanja Trezise on Sep 25, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Claiborne H. Ferguson, Memphis, Tennessee, for the appellant Charles McCain; Mark Mesler, Memphis, Tennessee, for the appellant, Lavino Horne; and Paul J. Springer, Memphis, Tennessee, for the appellant, Leterpa Mosley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; Muriel Malone, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendants, Charles McClain, Lavino Horne, and Leterpa Mosley were indicted by the Shelby County Grand Jury, charged with one count of premeditated murder, one count of felony murder, and one count of especially aggravated robbery. A jury found all three defendants guilty as charged in the indictment. The trial court merged the felony murder conviction with the premeditated murder conviction for each defendant and sentenced all three defendants to life in prison for first degree murder and 25 years for especially aggravated robbery. The trial court ordered the sentences to be served concurrently. On appeal, Defendants Mosley and Horne contend that the trial court erred by failing to sever their cases. All three defendants contend that the evidence was insufficient to support their convictions. Defendant Mosley contends that the trial court erred by allowing into evidence a video taken from the library where the incident occurred and by suppressing Defendant McClain’s statements to police. Defendant McClain contends that he was prejudiced by the State’s use of a hypothetical during voir dire and that the trial court improperly denied him the opportunity to rehabilitate a prospective juror. Having carefully reviewed the record before us and the briefs of all the parties, we find no error and affirm the judgments of the trial court.