State of Tennessee v. Willie Morgan
W2016-01445-CCA-R3-CD
| Tenn. Crim. App. | Apr 13, 2017Background
- Defendant Willie Morgan and codefendant Ashley Proctor were indicted for aggravated robbery after nearly $10,000 was taken from victim Gregory Bernard at gunpoint on July 28, 2013 in Shelby County.
- Bernard had withdrawn $10,000 to purchase/flip houses and was at the property when he, the defendant, and Proctor interacted shortly before the robbery.
- A tall slim man brandished a handgun, forced Bernard to lie face-down, and multiple people searched his pockets; Bernard felt different-sized hands and saw Morgan, Proctor, and the gunman run off together immediately after.
- Bernard identified Morgan and Proctor from photographic arrays a few days later; police did not recover the gun, money, or victim’s property from the defendants.
- A jury convicted Morgan of aggravated robbery; he appealed, arguing insufficient evidence and that the trial court erred in excluding testimony about the victim compensation fund.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Morgan) | Held |
|---|---|---|---|
| Sufficiency of evidence to convict for aggravated robbery | Evidence (direct and circumstantial) shows Morgan participated in the robbery; jury may credit victim | Victim didn’t actually see Morgan take property; story inconsistent and unreliable | Affirmed: viewing evidence in State’s favor, a rational jury could find guilt beyond a reasonable doubt |
| Exclusion of testimony about victim compensation fund | Exclusion was proper and defendant waived the issue by not making an offer of proof | Excluding testimony prevented showing victim’s pecuniary bias (might affect credibility) | Affirmed: issue waived for failure to offer proof; plain error not shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- State v. Majors, 318 S.W.3d 850 (circumstantial evidence may alone support conviction)
- State v. Dorantes, 331 S.W.3d 370 (State need not exclude every other reasonable hypothesis in circumstantial cases)
- Bolin v. State, 405 S.W.2d 768 (trial court and jury as primary assessors of witness credibility)
- State v. Smith, 24 S.W.3d 274 (plain error doctrine and its factors)