685 S.W.3d 689
Tenn.2024Background
- David Wayne Eady was charged with multiple aggravated robberies in Nashville during November 2017, all tried together in one indictment.
- Eady moved to disqualify the Davidson County District Attorney General’s (DA) Office because the DA, General Funk, had represented him in an unrelated criminal matter in 1989—the conviction from which the State used to enhance Eady’s sentence in the current case.
- Eady also moved to sever the charges, arguing the robberies were not part of a larger, continuing plan but were instead unrelated acts of similar character.
- The trial court denied both requests: it found the DA's office could prosecute and that consolidation was proper as the robberies constituted a "common scheme or plan."
- Eady was convicted of eleven counts of aggravated robbery (one merged) and one count of attempted aggravated robbery, receiving life without parole as a repeat violent offender. The appellate court affirmed, although with a dissent on severance.
- The Tennessee Supreme Court was asked to determine whether the DA’s office should have been disqualified and whether severance was required.
Issues
| Issue | Eady’s Argument | State’s Argument | Held |
|---|---|---|---|
| Should the DA’s Office be disqualified due to prior representation? | Funk’s prior representation created a conflict, especially given the use of the 1989 conviction for sentencing. | The matters were not substantially related; no confidential info was used; only public record used. | Disqualification not required: no actual conflict or appearance of impropriety under current rules. |
| Was it error to deny severance of the offenses for trial? | Offenses were not part of a common plan—just similar acts for a common motive (drug addiction), not a specific plan. | There was a common goal (obtaining money for drugs) and similarity in method/time/location, reflecting a larger plan. | Error to deny severance—no larger, continuing plan; only similar crimes with a shared motive, not a plan. |
Key Cases Cited
- State v. Denton, 149 S.W.3d 1 (Tenn. 2004) (sets out standards for joinder and severance of offenses and analyzing common scheme or plan)
- State v. Garrett, 331 S.W.3d 392 (Tenn. 2011) (further defining severance under Tennessee law)
- State v. Davis, 141 S.W.3d 600 (Tenn. 2004) (review standard for attorney conflict disqualification)
- Clinard v. Blackwood, 46 S.W.3d 177 (Tenn. 2001) (pre-RPC appearance of impropriety standard)