All Content

Posted by: Landry Butler on Jun 8, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

John R. Holton, Memphis, Tennessee, for the appellant, Mario Hubbard.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan J. Wardle, Assistant Attorney General; Amy Weirich, District Attorney General; and Carla Taylor, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): DYER

A Shelby County jury found the defendant, Mario Hubbard, guilty of burglary of a motor vehicle and sentenced him to six years, as a career offender, in the county workhouse. On appeal, the defendant argues the trial court erred when allowing the jury to hear a statement he gave to the arresting officer prior to receiving Miranda warnings and when denying his request for a jury instruction on the destruction of evidence. The defendant further argues the jury’s verdict was against the weight of the evidence and instead supported by his uncorroborated statement only. Based on our review of the record and pertinent authorities, we agree the trial court erred when denying the defendant’s motion to suppress, but given the otherwise overwhelming evidence presented at trial, this error was harmless. For the same reason, the jury’s verdict was not against the weight of the evidence. Finally, the evidence submitted at trial did not warrant a jury instruction on spoliation, so the trial court did not err when denying the defendant’s request for the same. We affirm the judgment of the trial court.