State of Tennessee v. Kevin Ladell Grandberry
W2015-01344-CCA-R3-CD
| Tenn. Crim. App. | Sep 28, 2016Background
- November 14, 2012: robbery at BP Express in Ripley, TN; clerk Deepal "Danny" Patel shot and later died.
- Witness (co-worker Shepard) saw masked assailant; identified the mask and the defendant by his eyes at trial.
- Investigators recovered a trail of coins, pieces of the store cash drawer, and a mask; DNA from the mask matched the defendant as the major contributor.
- A stolen red pickup used in the crime was recovered; rolled coins and the victim’s insurance card were in the truck; defendant later purchased two vehicles with cash while unemployed.
- Two jailhouse confessions: defendant admitted robbing the store and shooting the clerk and said he left the mask at the scene.
- Procedural posture: jury convicted defendant of felony murder (murder in perpetration of a felony), especially aggravated robbery, aggravated assault, felon in possession, and theft; trial court sentenced to life without parole plus 27 years; defendant appealed claiming insufficient evidence of identity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove identity and guilt | State: eyewitness ID, DNA on mask linking defendant, stolen truck and cash purchases, and two confessions establish guilt beyond a reasonable doubt | Grandberry: State failed to sufficiently prove he was the assailant; identity not reliably established | Affirmed: Viewing evidence in light most favorable to State, a rational jury could find guilt beyond a reasonable doubt; DNA, identification, confessions and circumstantial proof sufficient |
| Sentencing form consistency | State: sentences as imposed at hearing control; Counts 2 and 3 were ordered concurrent at sentencing hearing | Defendant: sought review of sentences on appeal | Court affirmed convictions but remanded to correct judgments to reflect that Counts 2 and 3 run concurrently as pronounced at sentencing hearing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (circumstantial evidence standard equals direct evidence for sufficiency review)
- State v. Wagner, 382 S.W.3d 289 (Tenn. 2012) (circumstantial evidence need not exclude every reasonable hypothesis other than guilt)
- State v. Elkins, 102 S.W.3d 578 (Tenn. 2003) (appellate courts must view evidence in strongest legitimate light for the State)