State of Tennessee v. David Hopkins
E2016-02192-CCA-R3-CD
| Tenn. Crim. App. | Sep 22, 2017Background
- In 1994 Tony Barrett (victim), a known marijuana dealer, was found beaten to death in his home; a blood-covered metal baseball bat was recovered and the house had been ransacked.
- Kimberly Sutton (defendant’s estranged wife) testified at trial she saw David Hopkins standing over the victim with a baseball bat; she and David Riggs then searched the house and removed money and about ten pounds of marijuana.
- The case went cold after Sutton initially recanted to police; years later she implicated Hopkins again. Other witnesses (Barry Roark, Bradley Radcliff, Misty Humphrey) corroborated post hoc admissions or identifications linking Hopkins to the killing and robbery.
- Hopkins put forward an alibi-style defense (testimony placing him with acquaintances most of the day) and argued witnesses had learned or amplified details from media or police.
- A jury convicted Hopkins of first-degree felony murder in 2014; the trial court imposed life imprisonment to run consecutively to an earlier federal sentence. Hopkins appealed, challenging sufficiency of the evidence and the imposition of consecutive sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (intent to commit robbery concurrent with killing) | State: evidence (Sutton’s ID, scene ransacked, missing money/drugs, Hopkins’ prior thefts and post-crime admissions) permits inference Hopkins intended robbery at or before the killing | Hopkins: witnesses were inconsistent or learned details later; testimony did not prove he intended to steal before or during the killing | Affirmed — a rational jury could infer intent to rob concurrent with the killing from the totality of the evidence |
| Consecutive sentence to federal term | State: trial court properly found statutory grounds (professional criminal, extensive record; possibly dangerous offender) supporting consecutive sentence | Hopkins: consecutive life was excessive; court failed to make required Wilkerson finding that consecutive terms were necessary to protect the public if relying on dangerous-offender status | Affirmed — trial court articulated statutory grounds (professional criminal and extensive record); Rule 32(c)(2)(B) also presumes consecutive service absent good cause to run concurrent |
Key Cases Cited
- State v. Wagner, 382 S.W.3d 289 (Tenn. 2012) (sufficiency standard; intent to commit underlying felony evaluated by jury)
- State v. Buggs, 995 S.W.2d 102 (Tenn. 1999) (felony-murder intent must exist prior to or concurrent with fatal act; post‑killing actions may support inference)
- Jackson v. Virginia, 443 U.S. 307 (1979) (constitutional standard for reviewing sufficiency of the evidence)
- State v. Banks, 271 S.W.3d 90 (Tenn. 2008) (felony murder requires killing to be in pursuance of the unlawful act, not collateral to it)
- State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (abuse-of-discretion standard and presumption of reasonableness for consecutive sentencing)
- State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995) (additional findings required when imposing consecutive sentences based on dangerous-offender classification)
- State v. Imfeld, 70 S.W.3d 698 (Tenn. 2002) (sentencing principles: punishment must be reasonably related to offense seriousness and no greater than deserved)
