State of Tennessee v. Franklin Dale Grayson, Jr., E2016-00803-CCA-R3-CD

On Sept. 15, 2014, police arrested Franklin Dale Grayson, Jr. after a confidential informant (Richie Greene) arranged and recorded a methamphetamine "one‑pot" cook at a trailer on Highway 91 in Johnson County, TN.
Greene met with Investigator Stout, obtained pseudoephedrine pills, and returned with a recording device; the recording captured sounds/remarks the State said showed Grayson crushing pills, shaking and opening the cook bottle, and progressing the reaction.
Investigators found an active one‑pot lab on the trailer's back porch, collected liquid later tested positive for methamphetamine, and logged various lab paraphernalia and ingredients; Grayson gave a written statement admitting ownership of the cook bottle and listing ingredients.
At trial the jury convicted Grayson of: initiating a process to manufacture methamphetamine (Count 1), simple possession of a Schedule II controlled substance (lesser included of Count 2), and possession of drug paraphernalia (Count 4); acquitted on Count 3 (maintaining a dwelling).
The trial court sentenced Grayson to an effective 13 years. He appealed arguing (1) insufficient evidence to support the initiation conviction and (2) prosecutorial misconduct in closing (improper vouching for Greene and improper references to Grayson’s criminal history).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict for "initiation" of meth manufacture	State: recording, Greene's testimony, lab paraphernalia, positive TBI test, and Grayson’s written admission prove he knowingly began the process.	Grayson: pseudoephedrine was bought/handled by others (Roark, Greene, and investigators); Greene initiated/crushed the pills.	Affirmed. Viewing evidence in light most favorable to State, a rational jury could find Grayson initiated the cook.
Prosecutor vouched for witness (Greene) in closing	State: comment was inadvertent, immediately withdrawn; trial court gave curative instruction; other strong evidence supports verdict.	Grayson: prosecutor improperly expressed personal belief in Greene’s testimony, prejudicing jury.	No reversible error. Statement was withdrawn and cured; jury presumed to follow instructions and other evidence supports verdict.
Prosecutor referenced defendant's criminal history/familiarity with system	State: references were brief, objections sustained, curative instruction limiting priors to credibility given; overall evidence strong.	Grayson: prosecutor improperly injected prior‑bad‑acts/familiarity argument beyond credibility use.	No reversible error. Court sustained objection, instructed jury to consider priors only for credibility, and record shows jury weighed evidence.

Jackson v. Virginia, 443 U.S. 307 (establishes the standard for sufficiency review)
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (sufficiency standard same for circumstantial/direct evidence)
State v. Banks, 271 S.W.3d 90 (Tenn. 2008) (scope and limits of closing argument; prejudicial effect test)
United States v. Young, 470 U.S. 1 (prosecutorial misconduct reversal standard; convictions not lightly overturned for closing argument)
State v. Goltz, 111 S.W.3d 1 (Tenn. Crim. App. 2003) (categories of improper prosecutorial argument)
State v. Middlebrooks, 995 S.W.2d 550 (Tenn. 1999) (closing argument must be temperate and based on evidence)
State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (appellate deference to jury credibility determinations)