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Posted by: Landry Butler on Nov 20, 2017

Head Comment: With concurring opinion by LEE

Court: TN Supreme Court

Attorneys 1:

Stephen C. Bush, Shelby County District Public Defender; Tony N. Brayton and Harry Sayle, III, Assistant District Public Defenders (on appeal); and Gerald Skahan, Kindle Nance, and Anna Benson, Assistant District Public Defenders (at trial), for the appellant, Sedrick Clayton.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andre´e Sophia Blumstein, Solicitor General; Leslie E. Price, Senior Counsel; John Bledsoe, Senior Counsel; Amy P. Weirich, District Attorney General; and Jennifer Nichols and Karen Cook, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): PAGE

A Shelby County jury convicted the defendant of the first degree murders of Arithio Fisher (Count I), Patricia Fisher (Count II), and Pashea Fisher (Count III), and the attempted first degree murder of A’reco Fisher (Count IV), as well as possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony (Count V), employing a firearm during the commission of or attempt to commit a dangerous felony (Count VI), and unauthorized use of a motor vehicle (Count VII). The jury sentenced the defendant to death for each of the first degree murders. The trial court imposed agreed-upon sentences of fifteen years for the attempted murder and three years, six years, and eleven months, twenty-nine days, respectively, for the remaining convictions, with the sentences for Counts I, II, III, IV, and VII to be served concurrently with each other and the sentences for Counts V and VI to be served concurrently with each other but consecutively to the previous sentences, for an effective sentence of death plus six years. On appeal, we hold that: (1) the evidence is sufficient to support the jury’s finding that the defendant acted with premeditation in commission of the offenses; (2) the defendant waived his Fourth Amendment challenge to the trial court’s denial of his motion to suppress his statements; and (3) each of the death sentences satisfies our mandatory statutory review pursuant to Tennessee Code Annotated section 39-13-206. As to the remaining issues raised by the defendant, we agree with the Court of Criminal Appeals’ conclusions and attach as an appendix to this opinion the relevant portions of that court’s decision. The defendant’s convictions and sentences, as merged by the Court of Criminal Appeals, are affirmed.