State of Tennessee v. Joshua Glenn Black
M2016-02584-CCA-R3-CD
Tenn. Crim. App.Sep 25, 2017Background
- Defendant Joshua Glenn Black stabbed and killed Nancy Lowry on April 23, 2014; multiple stab and blunt-force wounds caused death.
- Witnesses heard the victim screaming outside her apartment; someone forced her back inside and the door showed blood on the exterior.
- Police found the Defendant over the victim, with blood on him; a 3.5" knife was recovered from his pocket; he admitted stabbing her.
- Jury convicted Black of first-degree premeditated murder (merged into felony murder), felony murder during a kidnapping, and two counts of especially aggravated kidnapping; effective life sentence imposed.
- On appeal Black challenged (1) the trial court allowing the blood-stained apartment door to remain in the courtroom after it was admitted into evidence, and (2) alleged prosecutorial misconduct during closing argument arguing the Defendant dragged the victim back inside and finished killing her.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Black) | Held |
|---|---|---|---|
| Display of the apartment door after admission into evidence | No error; exhibit properly admitted and its presence was part of the record | Trial court erred by leaving the blood-stained door in the jury’s view during the trial | Waiver for failure to object at trial; issue not preserved on appeal and no plain-error claim asserted, so no relief granted |
| Prosecutor’s closing argument that Defendant dragged victim inside and finished killing her | Statements were reasonable arguments and logical inferences from evidence (witnesses heard dragging/forcing, blood outside, victim’s screams diminished) | Statements were speculation unsupported by the evidence and constituted prosecutorial misconduct | No error — prosecutor’s remarks drew permissible inferences from the evidence and did not mislead the jury |
Key Cases Cited
- State v. Henretta, 325 S.W.3d 112 (Tenn. 2010) (failure to object to prosecutorial statements during closing results in waiver on appeal)
- State v. Hawkins, 519 S.W.3d 1 (Tenn. 2017) (discusses standard of review for unobjected-to prosecutorial argument and application of plenary vs. plain error review)
- State v. Banks, 271 S.W.3d 90 (Tenn. 2008) (prosecutors have latitude in closing but must base arguments on the evidence and reasonable inferences)