State of Tennessee v. Calvin Banks
W2016-01085-CCA-R3-CD
| Tenn. Crim. App. | Aug 17, 2017Background
- Defendant Calvin Banks was convicted by a Shelby County jury of first-degree premeditated murder and being a convicted felon in possession of a firearm; the trial court imposed life imprisonment.
- Victim Terrence Davis was found dead from multiple gunshot wounds; autopsy showed at least one contact wound to the cheek and multiple fragments matching the .380 pistol recovered from the trunk of the victim’s car.
- Witness Lavinceia Allen (Defendant’s girlfriend) testified she rode with Banks the night of the killing, saw him stop the car, order occupants out, saw him raise a gun, heard gunshots, and later helped dispose of the gun in the trunk and drive Banks to the hospital after he purportedly shot himself in the foot.
- Co-defendant/prison informant Raphael Farmer testified Banks admitted shooting the victim in the head after a failed robbery and bragged about leaving the victim in the street.
- Ballistics analysis linked bullet fragments from the victim to the pistol recovered from Allen’s car; scene evidence indicated multiple shots and witnesses heard shots earlier that evening.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of premeditation | State: multiple shots (one contact wound), use of deadly weapon on unarmed victim, motive (anger over failed robbery), and leaving victim support inference of premeditation | Banks: killing was a reactionary, heat-of-passion killing supporting no premeditation (at most second-degree murder) | Court: Evidence sufficient for first-degree premeditated murder; jury could infer premeditation from circumstances |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Bland v. State, 958 S.W.2d 651 (jury may infer premeditation from circumstances)
- Pike v. State, 978 S.W.2d 904 (circumstances probative of premeditation listed)
- Nichols v. State, 24 S.W.3d 297 (planning, relationship, and nature of killing relevant to premeditation)
- Leach v. State, 148 S.W.3d 42 (motive may support inference of premeditation)