State of Tennessee v. Yolanda N. Shedd
M2016-02102-CCA-R3-CD
Tenn. Crim. App.Sep 7, 2017Background
- Defendant Yolanda N. Shedd was indicted for one count of assault (Class A misdemeanor) after an altercation at a Kroger fuel center; jury convicted of lesser-included attempted assault (Class B misdemeanor).
- Victim Chelsea Mills testified the dispute began over a car door; Mills said Shedd yelled, got close, and "chest bumped" her; Mills did not know whether Shedd hit her.
- Other witnesses corroborated a "chest bump;" surveillance video was recovered and played for the jury, though pumps obscured parts of the footage.
- Officer Bobby Hamby, who arrived after the incident, viewed and narrated the video at trial, testifying he saw Shedd chasing and "in a fight" with the victim.
- No motion for new trial was filed; Shedd timely appealed raising ineffective-assistance and trial-court-interference claims; appellate court reviewed only for plain error and affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Shedd) | Held |
|---|---|---|---|
| Ineffective assistance — conflict of interest | Issues waived for failure to raise in motion for new trial; no plain error | Trial counsel had a conflict of interest, constituting ineffective assistance | Waived for tactical reasons; plain-error review denied; claim not reached on merits |
| Ineffective assistance — cross-examination of Officer Hamby | Waived without motion for new trial; difficult to show prejudice on direct appeal | Trial counsel failed to properly cross-examine Hamby, undermining defense | Waived; plain-error review not warranted because prejudice not shown |
| Trial court interference with cross-examination | Issues waived; record does not require plain-error correction | Trial court prevented counsel from impeaching Hamby about contradictions between narration and video | Plain-error review denied; jury had video and victim’s testimony; not necessary for substantial justice |
| Admission/use of surveillance/video evidence | Video admitted for jury evaluation; any discrepancy for jury to weigh | Hamby’s narration contradicted visible footage; counsel sought to expose conflict | No reversible error; jury convicted of lesser offense; record fails to show error affecting substantial justice |
Key Cases Cited
- State v. Page, 184 S.W.3d 223 (Tenn. 2006) (plain-error doctrine and its multi-factor test)
- State v. Terry, 118 S.W.3d 355 (Tenn. 2003) (plain-error standard discussion)
- State v. Blackmon, 78 S.W.3d 322 (Tenn. Crim. App. 2001) (risks of raising ineffective-assistance claims on direct appeal)
