State of Tennessee v. Thomas Paul Odum, E2017-00062-CCA-R3-CD

Background

On July 4, 2014, Tyler Womack was found shot dead with a bag over his head at the property of Art Ingram; the bullet was fired at contact range through the right eye.
Thomas Paul Odum was arrested after stolen items from Ingram’s property were recovered; Odum possessed a .44 Ruger revolver and a cigarette butt with his DNA was recovered at the scene.
Odum gave a written statement admitting he planned and participated in a burglary, provided firearms to co-defendants Amanda Britnell and Martha Thompson, and said Britnell shot the victim.
Indictments included felony murder, aggravated burglary, conspiracy, theft > $1,000, and felon in possession; the State sought the death penalty but later proceeded to trial with felony murder and related counts.
Pretrial, Odum moved to disqualify the Tenth Judicial District Attorney’s Office because an ADA (Joseph Hoffer) had briefly represented a co-defendant before joining the DA’s office; the trial court found actual conflict but adequate screening and denied disqualification.
Odum moved to suppress his statement alleging he invoked his right to counsel; the trial court found he initially invoked counsel but then reinitiated communication and voluntarily gave the statement; jury convicted Odum of felony murder and related counts and sentenced him to life without parole plus consecutive terms.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Odum)	Held
Whether DA office must be disqualified after ADA who briefly represented co-defendant joined office	Screening procedures and no participation or disclosure by conflicted ADA cured the conflict	Hoffer’s prior representation created a material conflict requiring disqualification of the entire DA office (relying on Clinard)	Trial court did not abuse discretion; screening adequate; denial affirmed
Whether statement should be suppressed after Odum asked for counsel	Officers honored invocation; Odum reinitiated communication and waived rights voluntarily	Odum unequivocally asked for counsel and any subsequent questioning violated Miranda/Edwards	Denial of suppression affirmed: Odum reinitiated, statement voluntary
Sufficiency of evidence for first-degree felony murder (accomplice liability)	Evidence showed Odum planned burglary, armed co-defendants, was present, possessed murder weapon, and theft occurred during which killing happened	Odum argues no proof he fired the fatal shot; insufficient to prove felony murder participation	Conviction affirmed: felony murder requires participation in underlying felony, not that defendant pulled trigger
Validity of aggravating factors for life-without-parole sentence	Prior violent felonies proven; killing occurred to avoid/protect from prosecution (victim interrupted burglary), supporting aggravator	Odum contends murder wasn’t committed to avoid arrest/prosecution and he had no role in killing	Jury finding of at least one aggravator upheld; challenge waived/inconsequential; sentence affirmed

Key Cases Cited

Clinard v. Blackwood, 46 S.W.3d 177 (Tenn. 2001) (framework for disqualification and shared confidences analysis)
State v. Davis, 141 S.W.3d 600 (Tenn. 2004) (criminal-disqualification inquiry: participation, disclosure, and screening)
State v. Coulter, 67 S.W.3d 3 (Tenn. Crim. App. 2001) (distinguishing government screening from private firm conflicts)
Edwards v. Arizona, 451 U.S. 477 (1981) (post-invocation interrogation barred unless suspect initiates further communication)
Miranda v. Arizona, 384 U.S. 436 (1966) (custodial warnings and waiver requirements)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate sufficiency review)
Berghuis v. Thompkins, 560 U.S. 370 (2010) (voluntariness and invocation principles)
Michigan v. Mosley, 423 U.S. 96 (1975) (scrupulously honoring right to cut off questioning)
Dickerson v. United States, 530 U.S. 428 (2000) (Miranda as constitutional rule)
State v. Climer, 400 S.W.3d 537 (Tenn. 2013) (totality of circumstances test for voluntariness of confession)