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State of Tennessee v. Tedarrius Lebron Myles
E2016-01478-CCA-R3-CD
| Tenn. Crim. App. | Jul 11, 2017
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Background

  • Victim Shaphan Word was shot from behind on Aug. 15, 2012, left paralyzed; church security cameras captured the shooting but victim did not see assailant.
  • Police obtained and played surveillance footage; investigator learned a nickname “Peanut” tied (third-hand) to the shooter and matched the footage to photos of Tedarrius Myles; Myles voluntarily participated in an Aug. 20 reenactment video filmed by the same cameras.
  • Evidence included the church surveillance videos, the Aug. 20 video of Myles, victim identification (based on prior face-to-face encounters days earlier and on the video), similar shoes, gait, haircut, and a forearm marking/tattoo; no weapon recovered and forensic kits were not tested.
  • Myles was tried, convicted of attempted second-degree murder and employing a firearm during a dangerous felony, and sentenced to consecutive terms (10 and 6 years); post-trial he sought a new trial and new sentencing hearing (sentencing later resolved by agreement).
  • On appeal Myles challenged (1) sufficiency of the evidence as to identity, (2) admission of hearsay linking him to the shooting, and (3) admission of expert-style testimony from the video extractor without formal expert qualification.

Issues

Issue State's Argument Myles's Argument Held
Sufficiency of evidence (identity) Video, reenactment video, victim ID, matching tattoo/shoes/gait permit a reasonable jury to find guilt beyond a reasonable doubt Video is not definitive; physical dissimilarities and lack of motive weaken ID; proof is weak Affirmed — circumstantial/video plus victim ID sufficient for jury to find identity beyond a reasonable doubt
Admission of hearsay (nickname/IDs) Statements were offered to show investigative steps; any prejudice minimal compared to video evidence Hearsay identifying Myles ("Peanut") was prejudicial and should have been excluded No plain error — no timely objection; admission did not breach clear rule or warrant relief
Expert testimony (video/extraction) Witness’s testimony assisted jury; foundation was sufficient and court would have qualified him Mr. Hamilton was not formally tendered/qualified as an expert; average juror wouldn’t know infrared/video issues No plain error — failure to object waived review; even if error, not necessary to do substantial justice
Exclusion of prior robbery evidence (404(b)) State complied with court’s ruling; robbery evidence was excluded Admission of hearsay later undermined the exclusion of robbery evidence Robbery evidence was not put before jury; no reversible error

Key Cases Cited

  • State v. Pope, 427 S.W.3d 363 (Tenn. 2013) (appellate standard for reviewing sufficiency of evidence)
  • State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004) (appellate deference to jury credibility determinations)
  • State v. Smith, 436 S.W.3d 751 (Tenn. 2014) (jury verdict resolves conflicts in evidence)
  • State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (credibility and factual issues are for the trier of fact)
  • State v. Wagner, 382 S.W.3d 289 (Tenn. 2012) (affording State the strongest legitimate view of the evidence)
  • State v. Cole, 155 S.W.3d 885 (Tenn. 2005) (defendant bears burden to show insufficiency on appeal)
  • State v. Bell, 512 S.W.3d 167 (Tenn. 2015) (circumstantial evidence may establish identity)
  • State v. Thomas, 158 S.W.3d 361 (Tenn. 2005) (identity is a question of fact for the jury)
  • State v. Murphy, 953 S.W.2d 200 (Tenn. 1997) (Rule 702 expert testimony required when jurors lack ordinary knowledge)
  • State v. Bishop, 431 S.W.3d 22 (Tenn. 2014) (plain error factors for unpreserved issues)
Read the full case

Case Details

Case Name: State of Tennessee v. Tedarrius Lebron Myles
Court Name: Court of Criminal Appeals of Tennessee
Date Published: Jul 11, 2017
Docket Number: E2016-01478-CCA-R3-CD
Court Abbreviation: Tenn. Crim. App.