638 S.W.3d 136
Tenn.2021Background
- On Nov. 25, 2015, a masked man shot and killed convenience-store clerk Ahmad Dhalai during an attempted robbery; surveillance video recorded the incident.
- Police K-9 tracking led to Urshawn Eric Miller’s capture nearby; clothes, a .38 revolver, cell phone, keys, and torn t‑shirt pieces were recovered near the scene and at Miller’s home.
- TBI testing matched Miller’s DNA to clothing, glove, t‑shirt fragment, and revolver; gloves had gunshot residue; keys and phone linked to Miller.
- Miller was convicted of first‑degree premeditated murder, felony murder, attempted especially aggravated robbery, attempted second‑degree murder, aggravated assault, employing a firearm in a dangerous felony, evading and resisting arrest; jury imposed death.
- At penalty, State introduced certified prior aggravated‑robbery conviction plus surveillance video of that robbery to prove (i)(2) prior violent felony aggravator; trial court merged felony murder into premeditated murder for sentencing.
- On automatic review the Tennessee Supreme Court affirmed convictions and death sentence, rejected Miller’s challenges (including juror claims and video exclusion), and reversed the Court of Criminal Appeals’ vacatur of the (i)(7) aggravator as applied to the felony‑murder conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court rulings on challenges for cause during individual death‑qualification voir dire | State: trial court correctly applied Wainwright standard and reasonably assessed juror demeanor; abuse‑of‑discretion review | Miller: several prospective jurors should have been excused for cause (biased toward death penalty) | Court: trial court did not abuse discretion; denials and grants of cause were supported by record |
| Seating juror after Miller exhausted peremptories (juror Crum) | State: Crum said she could consider all three punishments and was competent | Miller: exhaustion forced an incompetent juror on jury, violating fairness | Court: Crum competent re death‑penalty and life‑without‑parole; no abuse of discretion; Ross rule not violated |
| Sufficiency of evidence (identity and each conviction) | State: DNA, physical evidence, tracking, phone/keys, and surveillance support identity and all convictions | Miller: evidence insufficient—especially identity and premeditation | Held: viewing evidence in light most favorable to State, rational juror could find identity and all elements beyond reasonable doubt; premeditation and felony‑murder proven |
| Admission of prior‑robbery surveillance video at penalty phase | State: Tenn. Code §39‑13‑204(c) explicitly allows evidence of facts/circumstances of prior violent felonies; video probative of (i)(2) | Miller: video was unfairly prejudicial under Rule 403 and judgment alone would suffice | Held: trial court did not abuse discretion; statute permits such evidence at sentencing and probative value outweighed prejudice |
| Constitutionality of death penalty and lethal injection; proportionality/mandatory review | State: death sentence lawful; lethal injection constitutional; statutory review satisfies proportionality | Miller: death penalty and lethal injection cruel and unusual; sentence disproportionate | Held: Court reaffirmed precedent that death penalty and lethal injection constitutional; aggravators proven; aggravating circumstances outweighed mitigation; proportionality review upheld death sentence |
Key Cases Cited
- Wainwright v. Witt, 469 U.S. 412 (1985) (standard for excusing jurors whose views on capital punishment would prevent or substantially impair performance)
- Uttecht v. Brown, 551 U.S. 1 (2007) (deference to trial court’s demeanor‑based juror credibility findings in death‑qualification review)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Ross v. Oklahoma, 487 U.S. 81 (1988) (defendant not entitled to reversal for seating of juror after exhaustion of peremptories unless juror incompetent)
- Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (same standard of review for direct and circumstantial evidence sufficiency)
- Middlebrooks v. State, 840 S.W.2d 317 (Tenn. 1992) (discussion of applying (i)(7) aggravator to felony murder and subsequent statutory amendment context)
- State v. Banks, 271 S.W.3d 90 (Tenn. 2008) (explaining 1995 amendment narrowing (i)(7) aggravator and its relation to Middlebrooks)
- Baze v. Rees, 553 U.S. 35 (2008) (lethal injection does not per se violate Eighth Amendment)