State of Tennessee v. Brandon Scott Donaldson, E2016-00262-CCA-R3-CD

Background

Defendant Brandon Donaldson was tried for the February 13, 2013 shooting that killed Marcia Crider and her 13‑week fetus, wounded Crider’s mother, and involved firing multiple rounds into their vehicle.
Evidence: 11 nine‑mm casings from the same semi‑automatic weapon; six projectiles struck the vehicle; two bullets struck the victim (one fatal), one passed through the uterus and fetal head; photographs, trajectory analysis, and autopsy testimony.
Key witnesses: victim’s mother (Renee Jones) who drove the victim away after a dispute at defendant’s home; roommate (Angelia Knighton) who overheard the argument and proffered statements the victim made about transmitting a venereal disease; defendant’s half‑brother described defendant’s admissions and flight to Illinois.
At trial the court excluded Knighton’s testimony recounting the victim telling the defendant she had given him a venereal disease (ruled hearsay), but admitted other evidence; defendant did not testify.
Jury convicted defendant of two counts of second‑degree murder (victim and fetus), attempted second‑degree murder (Jones), and employing a firearm during a dangerous felony; total effective sentence 68 years.
Court of Criminal Appeals reversed and remanded for a new trial, concluding the exclusion of Knighton’s hearsay‑character testimony violated evidentiary rules and the defendant’s constitutional right to present a defense.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Donaldson)	Held
Exclusion of Knighton’s testimony about victim telling defendant she transmitted an STD	Exclusion proper as hearsay; statements were offered to prove truth and unreliable	Statements were non‑hearsay (not offered for truth) but to show effect on listener (provocation); exclusion violated right to present a defense	Trial court erred: statement was non‑hearsay when offered to show effect on defendant; exclusion prejudiced defense and violated constitutional right to present a defense; reversal and new trial ordered
Exclusion of Knighton’s testimony about victim’s phone calls/threats	Exclusion proper as hearsay and irrelevant because no proof defendant knew of them	Testimony relevant to provocation if defendant knew of threats	Affirmed exclusion: testimony was hearsay and irrelevant because no evidence it was communicated to defendant
Jury instructions on mens rea for second‑degree murder and voluntary manslaughter (including "state of passion" treatment and sequential instructions)	Instructions followed pattern and Davis precedent; sequential (acquittal‑first) instructions proper	Claimed misstatement by treating passion as element and sequential instructions prevent jury from considering mitigation	Court upheld instructions: mens rea language adequate; followed existing precedent endorsing acquittal‑first sequence; suggested supreme court reconsider presentation of passion/provocation but declined relief
Fetal‑homicide statute (Tenn. Code §39‑13‑214) constitutional challenges (vagueness, due process, equal protection, mens rea)	Statute valid; legislature intended to include embryo/fetus at any gestational stage; mens rea supplied by underlying homicide statute; differences with pregnant woman rationally based	Argued statute vague about when fetus is protected, overbroad pre‑viability, and denies mens rea requirement; claimed equal protection violation vis‑à‑vis pregnant woman	Rejected: statute clear after amendments (includes embryo/fetus at any stage), not vague; mens rea requirement is in the substantive homicide statute; rational basis supports distinctions for equal protection

Key Cases Cited

Chambers v. Mississippi, 410 U.S. 284 (1973) (defendant’s right to present a defense balanced against rules of evidence)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence)
State v. Davis, 266 S.W.3d 896 (Tenn. 2008) (requirement to instruct juries to consider lesser‑included offenses greatest to least)
State v. Dominy, 6 S.W.3d 472 (Tenn. 1999) (discussion of voluntary manslaughter and its relationship to murder)
State v. Burns, 6 S.W.3d 453 (Tenn. 1999) (test for lesser included offenses)
State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (appellate review of within‑range sentencing; presumption of reasonableness)
State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995) (requirements for consecutive sentences under "dangerous offender" finding)
Kendrick v. State, 454 S.W.3d 450 (Tenn. 2015) (standard of review for hearsay rulings; factual findings binding absent preponderance)