State of Tennessee v. Demarcus Keyon Cole, W2013-02850-CA-R3-CD

Defendant Demarcus Keyon Cole was tried for first-degree felony murder and especially aggravated robbery after the victim, Demetris Cole, was shot at the defendant’s apartment on Oct. 29, 2011; a premeditated murder count was nolled before trial.
Eyewitness Ebony Jenkins testified the defendant left the apartment before a struggle and five shots were fired; she heard the defendant’s voice later and received a missed call from him shortly after the shooting.
The defendant went to the police station and gave a statement claiming he was forced at gunpoint to drive the perpetrators away with his young son; his phone records showed many calls after the shooting, deletions of messages, and mobility consistent with movement across town.
Other evidence: five .32 caliber shell casings at the scene; firearms photos from the defendant’s phone; the victim’s jacket seen on surveillance; $611 found in victim’s pocket; jailhouse informant testimony that defendant admitted setting the victim up for a robbery that turned deadly.
The jury convicted Cole of felony murder and especially aggravated robbery; on appeal he argued the evidence was insufficient to prove he acted in concert to commit the robbery that produced the murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to prove participation in robbery/felony murder	State: circumstantial and direct evidence (calls to arrange setup, phone behavior, evasiveness, jailhouse admission, witness statements, physical evidence) support a rational inference Cole set up and participated in the robbery that resulted in death	Cole: he was not present when victim was shot, had no marijuana after the crime, victim still had money, and alternative explanations (e.g., jacket left in truck) undermine concerted-action proof	Affirmed: viewing evidence in light most favorable to State, a rational jury could find beyond reasonable doubt that Cole participated in the robbery and is guilty of felony murder and especially aggravated robbery

Jackson v. Virginia, 443 U.S. 307 (1979) (established the standard for reviewing sufficiency of the evidence: whether any rational trier of fact could find guilt beyond a reasonable doubt)
State v. Evans, 838 S.W.2d 185 (Tenn. 1992) (Tennessee precedent applying sufficiency review)
State v. Anderson, 835 S.W.2d 600 (Tenn. Crim. App. 1992) (sufficiency and appellate review principles)
State v. Pappas, 754 S.W.2d 620 (Tenn. Crim. App. 1987) (deference to jury on credibility and weight of evidence)
State v. Grace, 493 S.W.2d 474 (Tenn. 1973) (jury verdict accredits State’s witnesses and resolves conflicts in State’s favor)
Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (trial judge and jury as primary factfinders; appellate courts must defer)
Carroll v. State, 370 S.W.2d 523 (Tenn. 1963) (cited for the rule on trial forum and credibility assessment)
State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (convicted defendant bears burden on appeal to show evidence insufficient)