State of Tennessee v. Andrew Bernard Beverly
E2017-00056-CCA-R3-CD
| Tenn. Crim. App. | Dec 14, 2017Background
- On Sept. 24, 2014 Andrew Beverly drove to his estranged wife's home, waited where he believed he would not be seen, was armed with a .22 revolver obtained weeks earlier, confronted Angela Beverly and Jabari Dial, threatened to shoot them, shot Angela in the head (killing her), and fled. Dial survived.
- Beverly was arrested in Harlan County, Kentucky on Sept. 24 and gave three statements: (1) a recorded interview with Sevier County officers in the Harlan jail (Sept. 25), (2) a media interview later that day, and (3) a second recorded Sevier County interview after extradition to Tennessee (Sept. 26). He signed a written Miranda waiver only before the Sept. 26 interview.
- At a pretrial suppression hearing Beverly argued he did not validly waive Miranda before the initial Harlan interview, so that statement (and the two later statements as fruit of the poisonous tree) should be suppressed. Officers testified Beverly was Mirandized and voluntarily waived rights; one officer referenced the death penalty during questioning.
- A jury convicted Beverly of first-degree premeditated murder (merged with felony murder), attempted first-degree murder (as to Dial), and firearm-possession during the commission of a dangerous felony. He received life with parole eligibility plus concurrent and consecutive terms; he appealed.
- The Court of Criminal Appeals denied suppression and affirmed convictions, holding the initial confession was Mirandized and voluntary, the media statement was voluntary and not the product of state coercion, and the post-extradition statement followed a valid written waiver; the evidence also sufficed to prove premeditation, attempt, and felony murder.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Beverly) | Held |
|---|---|---|---|
| Whether the three post-arrest statements should be suppressed | Officers Mirandized Beverly before questioning; confessions were voluntary; later statements not fruit of unconstitutional waiver | Initial Miranda waiver was invalid (not signed/recorded) so first statement was involuntary and tainted subsequent statements | Denied — trial court credited officers; Miranda warnings given; statements voluntary; media interview not state-compelled; written waiver obtained before Sept. 26 interview |
| Whether evidence was sufficient to support convictions for premeditated murder, felony murder, and attempted first-degree murder | Evidence (Beverly’s multiple confessions, planning, obtaining gun weeks earlier, lying in wait, threats, shooting an unarmed victim) establishes premeditation and substantial step toward killing Dial | Murder was heat-of-passion/impulsive from marital dispute; State failed to prove requisite mens rea for premeditation and attempt | Affirmed — evidence supported premeditation (planning, procurement of weapon, lying in wait, threats, calmness after), attempt (substantial step toward killing Dial), and felony murder (killing in perpetration of attempted first-degree murder) |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (establishes custodial interrogation warnings required before questioning)
- Jackson v. Virginia, 443 U.S. 307 (standard for appellate review of sufficiency of the evidence)
- State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (factors supporting a jury finding of premeditation)
- State v. Millen, 988 S.W.2d 164 (Tenn. 1999) (felony-murder may include killings committed in attempt to perpetrate first-degree murder)
- State v. Climer, 400 S.W.3d 537 (Tenn. 2013) (voluntariness analysis distinct from Miranda; totality of circumstances governs voluntariness)
- State v. Odom, 928 S.W.2d 18 (Tenn. 1996) (standard of review for suppression hearing findings)