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Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph E. Tubbs, Humboldt, Tennessee (on appeal); and Larry Copeland, Memphis, Tennessee (at trial), for the appellant, Chuncy Lesolue Hollis.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Garry G. Brown, District Attorney General; and Larry Hardister and Jason Scott, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The defendant, Chuncy Lesolue Hollis, whose original first degree premeditated murder conviction was reversed by this court due to an error in jury instructions, was again convicted by a Gibson County jury in a second trial of first degree premeditated murder and sentenced to life imprisonment. On appeal, he argues that the evidence is insufficient to sustain his conviction; that the trial court erred by issuing a jury instruction on flight and by not instructing the jury on cause of death, by allowing prior statements of witnesses to be introduced as substantive evidence, by allowing photographic lineups into evidence and by summarily dismissing his motion for judgment of acquittal and/or a new trial without holding a hearing; that the State committed prosecutorial misconduct by the manner in which the prosecutor questioned witnesses and by the improper comments he made in opening statement and closing argument; and that the cumulative effect of various trial errors deprived the defendant of his constitutional right to a fair trial. Following our review, we affirm the judgment of the trial court.