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Posted by: Landry Butler on May 9, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Monica A. Timmerman (on appeal) and Michael E. Burton (at trial), Memphis, Tennessee, for the appellant, Heath Bell.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Samuel D. Winnig, Tracye N. Jones, and Colin A. Campbell, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The Defendant, Heath Bell, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and first degree felony murder. The trial court merged the convictions and sentenced the Defendant to life imprisonment. The Defendant raises the following five issues on appeal: (1) whether the trial court erred by denying his motion to suppress tainted eyewitness identification testimony; (2) whether his due process rights were violated by the State’s withholding of exculpatory evidence of a possible third party perpetrator; (3) whether the trial court erred by not granting his request for a new trial based on the newly discovered exculpatory evidence; (4) whether the evidence was sufficient to establish his identity as one of the perpetrators; and (5) whether the trial court erred by limiting his closing argument. Following our review, we affirm the judgment of the trial court.