State of Tennessee v. Emmett Lejuan Harvell and Bardell Nelson Joseph, A/K/A Shawn Anglin, A/K/A Billontae Smontez Adams
2010 Tenn. Crim. App. LEXIS 1004
| Tenn. Crim. App. | 2010Background
- Two defendants, Harvell and Joseph, were convicted of felony facilitation of tampering with evidence and possession of marijuana; Joseph also got a handgun by a felon conviction.
- Police recovered marijuana, a handgun, and paraphernalia after a vehicle chase that began when officers investigated an altercation involving Joseph, Harvell, and others.
- Harvell fled a traffic stop in a Navigator driven by him, while two bags of marijuana and a possible cocaine-like substance were observed or later found near the vehicle.
- A loaded .40 caliber handgun was found near a bandanna after officers pursued and stopped the Navigator; Joseph was in the vehicle during the events leading to the seizure.
- The trial court sentenced Harvell to concurrent terms, and Joseph to a multi-year sentence; on appeal, Joseph challenges sufficiency of the evidence and the propriety of his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Harvell’s facilitation of tampering | Harvell argues no tampering occurred | Harvell argues inconsistency with co-defendant’s verdict shows insufficiency | Sufficiency established;Gennoe doctrine allows facilitation without principal conviction |
| Sufficiency of evidence for Joseph’s facilitation of tampering | State supports co-defendant’s acts as aiding tampering | Joseph argues no aiding of tampering | Sufficient evidence supports facilitation conviction |
| Sufficiency of evidence for Joseph’s possession of marijuana | State shows constructive or actual possession | Joseph argues lack of knowledge or control | Sufficient evidence to sustain possession conviction |
| Sufficiency of evidence for Joseph’s possession of handgun by a felon | State shows firearm thrown from vehicle; Joseph responsible | Goes to driver vs. passenger; alternative inference | Sufficient evidence supports felon-in-possession conviction |
| Imposition/maintenance of Joseph’s alternative sentencing | State argues no error in denial of alternative sentence | Joseph claims unwarranted confinement | Trial court properly denied alternative sentencing; sentence affirmed |
Key Cases Cited
- State v. Grace, 493 S.W.2d 474 (Tenn. 1973) (presumption of guilt in credibility determinations in sufficiency review)
- State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (burden on defendant to show insufficiency of evidence)
- State v. Gennoe, 851 S.W.2d 833 (Tenn. Crim. App. 1992) (consistency of verdicts does not bar facilitation conviction; statute allows)
- State v. Cooper, 736 S.W.2d 125 (Tenn. Crim. App. 1987) (possession—constructive possession and premises possession principles)
- Harris v. Blackburn, 646 F.2d 904 (5th Cir. 1981) (mere presence not possession; premises control can create possession)
- Dishman v. State, 460 S.W.2d 855 (Tenn. Crim. App. 1970) (mere presence not enough for possession; proximity may support)
- Whited v. State, 483 S.W.2d 594 (Tenn. Crim. App. 1972) (presence vs. control in possession analysis)
- State v. Ross, 49 S.W.3d 833 (Tenn. 2001) (premises possession presumptions regarding drugs)