State of Tennessee v. Stephano Lee Weilacker
M2016-00546-CCA-R3-CD
| Tenn. Crim. App. | Dec 8, 2017Background
- June 30, 2006: Two men robbed the Triangle Kwik Stop; one brandished a pistol and shot victim Frank Lavarre in the leg; attendant Brandi Perry was robbed.
- Witness recorded the getaway vehicle’s license plate; police later stopped Defendant’s white Mercury Grand Marquis and found the pistol; co-defendant David Selby’s fingerprints were on the gun.
- Selby testified that Defendant directed the robbery and supplied the gun; Defendant introduced store surveillance suggesting he was not one of the shooters.
- Defendant was convicted of especially aggravated kidnapping (Lavarre) and aggravated robbery (Perry) and received an effective 20-year sentence consecutive to an earlier term.
- This is Defendant’s third direct appeal after a post-conviction grant of a delayed appeal; earlier appeals addressed sufficiency, jury instructions, suppression, prosecutorial misconduct, and sentencing, producing multiple opinions and a remand for a timely motion for new trial.
- On the present appeal the Court applied the law-of-the-case doctrine to most issues, treated a claimed White jury-instruction error on the merits, and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Weilacker) | Held |
|---|---|---|---|
| Sufficiency—corroboration of accomplice (Selby) | Evidence (gun in car, witness, Selby testimony) corroborated Selby and linked Defendant | Selby’s testimony lacked independent corroboration; no serious bodily injury to support especially aggravated kidnapping | Denied relief — law of the case: sufficiency previously decided for State; no exception applies |
| Constructive amendment of indictment | Indictment charged kidnapping as alleged | Indictment was not charged as tried; court’s charging variance amended indictment | Waived (not raised in motion for new trial); plain error declined |
| White jury instruction (kidnapping incidental to robbery) | Not required because kidnapping and robbery involved different victims | Trial court should have instructed under State v. White to prevent double punishment where restraint incidental to robbery | Denied — White instruction not required when separate victims are charged; no due process concern |
| Motion to suppress (vehicle search) | Warrantless search lawful under Gant or officers’ observation of gun | Search violated Fourth Amendment | Denied — law of the case: prior merits ruling upheld; even if gun not in view Gant justified search |
| Prosecutorial misconduct (closing) | State’s argument did not deprive Defendant of fair trial | Prosecutor vouched for Selby and argued facts not in evidence | Denied — law of the case: previously addressed against Defendant |
| Consecutive sentencing | Trial court properly found dangerous offender and applied Wilkerson factors | Consecutive sentence improper | Denied — law of the case: prior affirmance of consecutive sentence stands |
Key Cases Cited
- State v. White, 362 S.W.3d 559 (Tenn. 2012) (sets jury instruction and due-process test for when kidnapping is incidental to another felony)
- State v. Teats, 468 S.W.3d 495 (Tenn. 2015) (White instruction not required when kidnapping and accompanying offense involve different victims)
- State v. Williams, 468 S.W.3d 510 (Tenn. 2015) (same principle: separate-victim context removes White due-process concern)
- Memphis Publ’g Co. v. Tenn. Petroleum Underground Storage Tank Bd., 975 S.W.2d 303 (Tenn. 1998) (articulates law-of-the-case doctrine and exceptions)
- State v. Jefferson, 31 S.W.3d 558 (Tenn. 2000) (discussion of law-of-the-case application)
- Arizona v. Gant, 556 U.S. 332 (2009) (permitting search of vehicle incident to recent occupant’s arrest when evidence of the offense may be found in the vehicle)