State of Tennessee v. Jakeil Malik Waller, W2015-02361-CCA-R3-CD

On July 27, 2014, a crowd gathered at Parkway East Apartments to watch a fight; shots were fired into the crowd, killing Shomari Peterson and injuring Thomas Reid, Jr.
Witnesses and a cell-phone video placed Jakeil Malik Waller and his brother, Jernigal Blackwell, at the scene firing guns; multiple witnesses identified Waller in the video wearing gray clothing and a backward hat.
Forensic testing: the bullet recovered from the victim was consistent with a .380 caliber; other recovered bullets/casings were consistent with a .45 caliber (linked to Blackwell).
Waller gave a handwritten statement admitting presence and that he used a .380; a jailhouse cellmate testified Waller admitted firing and described weapons used.
Trial evidence included eyewitness testimony, autopsy findings, TBI ballistics results, and two postmortem photographs of the victim; the trial court admitted the photos over Waller’s prejudice objection.
Jury convicted Waller of second-degree murder and felony reckless endangerment; trial court imposed consecutive sentences totaling 27 years. Waller appealed alleging (1) insufficient evidence for murder, (2) prosecutorial misconduct in closing, and (3) erroneous admission of two victim photographs.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Waller)	Held
Sufficiency of evidence for second-degree murder	Evidence (eyewitness IDs, video, Waller’s admission, ballistics linking fatal bullet to .380) supports knowing killing	Witness testimony conflicted and did not unequivocally identify who fired the fatal shot	Affirmed: viewed in light most favorable to State, evidence sufficient
Prosecutorial misconduct in closing argument	Prosecutor’s reference to a .380 was a reasonable argument tied to ballistics and admissions; any error cured by instruction and immediate correction	Prosecutor misstated evidence (said medical examiner "was a 380") to create improper link between Waller and fatal bullet	Affirmed: even if misstated, curative instruction and correction, plus strong case, prevented prejudice
Admission of victim photographs	Photos show wound location and position of body prior to movement, corroborate testimony, and are not overly gruesome	Photographs were gruesome and cumulative of medical testimony; prejudicial and unnecessary	Affirmed: trial court did not abuse discretion; probative value outweighed prejudice

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
Bland v. State, 958 S.W.2d 651 (Tenn. 1997) (deference to jury on credibility and weight of evidence)
Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (same standard for circumstantial evidence)
Goltz v. State, 111 S.W.3d 1 (Tenn. Crim. App. 2003) (categories of prosecutorial misconduct)
Judge v. State, 539 S.W.2d 340 (Tenn. Crim. App. 1976) (factors for assessing prejudice from prosecutorial misconduct)
Banks v. State, 271 S.W.3d 90 (Tenn. 2008) (juror compliance with curative instructions presumed)
Banks v. State, 564 S.W.2d 947 (Tenn. 1978) (Rule 403 balancing for admission of gruesome photographs)